2. Definitions. As used in this Policy,
A. "Service" means one or more applications owned by Occipital, Inc., and any services that the applications interoperate with, including without limitation 360 Panorama, Skanect, Structure SDK sample apps, Bridge, and Canvas.
B. "We" or "Occipital" means Occipital, Inc., and "you" and "user" means the individual or entity using the Service
C. "Content" means any photographs, pictures, content, text, artwork, files, audio, room dimensions, measurements, programs, sound, graphics, video, data, 3D reconstructions, floor plans, depth information, sketches, and other similar materials
D. "Media" means any means of conveying information, whether now known or hereafter devised
3. Information we collect.
A. We may collect your name, email or any other information you provide to us in connection with your registration for an account for the Service.
B. You may be automatically logged into other Services using the account you created for the Service, and we may share information across the Services.
C. The information that we collect from your device every time you use the Service, such as device identifier, device type, language and region settings, timestamp, and calendar type we do not consider personally identifiable on its own. If you create a user account for the Service, we may link to your user account all the information that we had previously collected in connection with your device and use of the Service.
D. The Service may be location-enabled, and you may be sending us location information such as GPS data, which may reveal your actual location. You will have the option to opt-out of sending such data through your device's location settings.
E. We may collect data and analytics about the scope and duration of your visit and the solutions and information for which you searched and which you viewed. This information includes, without limitation, characters you type, your search and browsing history, services and links you click, and pages and content you view.
F. If you create Content with the Service, or upload, link, or share Content using the Service, we may record the Content and associate it with a user account you have with the Service. If you submit Content to us to be stored on our servers (or those of third-party providers with which we do business), we may collect data and information regarding the nature or composition of that content (i.e., elements in a room).
G. The Service may have various preferences to customize the user experience (for example, which accounts on other sites such as Twitter or Facebook that you prefer to share content on), and we may collect and maintain these preferences either on the device, on our servers, or those of third-party providers with which we do business.
H. We may keep a record of your various actions during usage of the Service including using such methods as cookies and single pixel images. These records may be kept on your device, on our servers or on the servers of third-party providers with which we do business depending on which part of the Service you are using. This information will primarily be used to personalize your experience and for the internal purpose of improving the Service, and only ever displayed or shared publicly in an aggregate manner.
I. We may collect information from third party sources and associate it with your device or an account you have on the Service, for example, we may pull in your full name from Facebook or Twitter if you connect those accounts with your account on the Service. You should review, and if necessary, adjust, your privacy settings on any third party sites prior to linking or connecting them to the Services.
J. If you provide us with any other information (feedback, surveys, resumes) we may collect that information as well. If you post or upload any photos, videos, articles, or comments, we may collect those as well.
A. Occipital-owned or operated websites ("Occipital Websites") may use Google Analytics or similar analytic tools, to help analyze how users use the site. The tool uses "cookies," which are text files placed on your computer, to collect standard Internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the website(s) (including IP address) is transmitted to Google or other third parties. This information is then used to evaluate visitors' use of the website(s) and to compile statistical reports on website activity for Occipital, Inc. We do not use the statistical analytics tool to track or to collect any information that personally identifies visitors to our site(s). Google will not associate your IP address with any other data held by Google. Neither we nor Google will link, or seek to link, an IP address with the identity of a computer user. We will not associate any data gathered from the Occipital Websites with any information that personally identifies you from any source, unless you explicitly submit that information via a fill-in form on our website. You may prevent the collection and processing of cookie-generated data regarding your use of this website (including your IP address) by Google by and installing it.
C. We use a technology called Facebook Conversion Tracking. This allows us to track those visitors who have been referred through a Facebook page, application or advertisement and then contacted us through this website within a 30-day period. We will share information regarding your visit to our website with Facebook but this will not include any information specific to your application or other personal information. Facebook will use this information to monitor on our behalf the effectiveness of our advertising and applications. The information we share with Facebook will only be used in accordance with Facebook's data use policy facebook.com/about/privacy. Facebook Conversion Tracking may also enable us and our partners to serve ads on and off Facebook.
D. We do not respond to browser-based "do not track" signals. Some third party sites who push content to our site do keep track of your browsing activities over time and across different websites when they serve you content, which enables them to tailor what they present to you.
4. Uses of information collected.
A. We primarily use information collected from you to improve and personalize your experience with the Service. We may also use your information to connect you, at your request, with partners who may be able to provide you complementary services to ours. In the event that you opt into sharing your information with a third party through the Service, your information shall be subject to their terms of service and privacy policies. Occipital disclaims any responsibility for how your information is handled by said third party.
B. We may use the information for support, to develop new features, and to improve the overall quality of any of our Services, and we may also use it to improve and develop similar or other services. For example, we may analyze your data to determine where the Service has difficulty scanning an item or space, or we may use it or reprocess it for our internal product testing. We may use your Content, and any derivatives thereof, to extrapolate metrics to other content and provide you with advertising or other promotional offers.
C. We may use information such as email to communicate with you for certain necessary reasons as account creation, forgotten passwords, security announcements, and notifications related to usage of the Service. Additionally, we may also occasionally send you promotional messages.
D. We may also display the information collected in a non-personally identifiable, aggregate form for purposes such as demonstrating usage patterns or the effectiveness of a particular feature of the Service. Occipital may use or share any anonymized or aggregated information for any purpose in its discretion.
E. We do NOT sell or rent any personally identifiable information about our users to any third party; except that we may sell or transfer your personally identifiable information to third parties in connection with any merger, acquisition, reorganization, change in capital structure or sale of all or substantially all of the assets of Occipital, Inc.
F. With your explicit, opt-in approval, we may share Content submitted or captured in the service with third parties for research or educational purposes. In the event that you decide to share Content for this purpose, you will be presented with a separate notice which describes what information will be used and how it will be displayed, and that notice shall take priority over this agreement for the information shared.
G. If you choose to share any information or Content (including Modified Content) in a publicly viewable format on our website or Service, we may use that information or Content (including Modified Content) for any purpose in our discretion, including without limitation our or our third party partner's marketing purposes.
5. Information sharing and onward transfer
A. Any information sent through the Service may be using your mobile carrier's network or your internet service provider's (ISP) network and your carrier or ISP may have access to it. For information regarding your carrier's or ISP's treatment of your information, please consult your carrier's or ISP's privacy policies.
D. The Service may allow you to interact and share your information with others. Please consider carefully before disclosing any personal information or data. Unless stated otherwise, Occipital disclaims any responsibility for the protection or use of your data while in the possession of any third parties with whom you choose to share.
E. Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, "Affiliates"), we may in the future. We may share some or all of your information with these Affiliates, in which case we will require our Affiliates to honor this Policy. If another company acquires our company or our assets, that company will possess the information collected by it and us and will assume the rights and obligations regarding your information collected by us as described in this Policy.
F. Regardless of any choices you make regarding your information (as described below), we may disclose information if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) protect or defend the rights or property of us or users of the services.
6. Your choices
A. You may opt-out of any promotional emails we send by following the instructions in the email you receive.
B. You may opt-out of sharing location from your device by disabling location features entirely for the Application from your device settings (the exact steps to do so will vary based on your device).
C. You may choose not to create an account with the Service and avoid giving us your name and email address, although many features of the Service may require the creation of an account.
D. If the Service is using cookies, you can turn them off in your browser settings, however the Service may require cookies for certain features.
E. In addition to these choices, the Service may have additional information which you can opt-out of sharing and features which you can chose not to use. Generally these choices will be available from within the Service itself, or in your device settings.
F. Despite your indicated e-mail preferences, we may send you emails related to your account or transactions thereunder, or notices of any updates to our Terms or this Policy.
G. Notice to California Residents - Your California Privacy Rights (As Provided by California Civil Code section 1798.83). A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (a "California Customer") may request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed. California Customers may request further information about our compliance with this law by e-mailing. Please note that we are required to respond to one request per California Customer each year, and we are not required to respond to requests made by means other than through this e-mail address.
Access to your information
You can access and either edit or delete personally identifiable information such as name and email address through your account with the Service. While you may request deletion of your information by us, please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.
A. We use industry standard methods designed to protect sensitive information such as your password during transmission using Secure Sockets Layer (SSL).
B. If you create an account on the Service, your personal private information is protected by a password or other authentication mechanism for security. However, you need to protect against unauthorized access by doing things like making sure to log out when finished using a shared device or computer.
9. A Note to Users Outside of the United States
Your information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of information may be less stringent than the laws in your country.
9. 13 and Over Only
Our website, products and services are all directed to people who are at least 13 years old or older. You should not use our website or Services if you are not at least 13 years old.
10. App Store Disclaimer
Occipital and you acknowledge that this Agreement is between Occipital and you, and not with Apple or Google. As between you, Occipital and Apple and Google, Occipital, not Apple or Google, is solely responsible for the Service and the content thereof. To the extent this Agreement provides for usage rules for the Service that are less restrictive than the Usage Rules set forth for the Service at the App Store Terms of Service ("Usage Rules") or are otherwise is in conflict with the Usage Rules, the more restrictive or conflicting term in the Usage Rules applies. The license granted to you for the Service is limited to a non-transferable license to use the Service on a device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Occipital is solely responsible for providing any maintenance and support services with respect to the Service, as specified in this Agreement (if any), or as required under applicable law. Occipital and you acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Service. Occipital is solely responsible for any product warranties, as specified in this agreement. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple may choose to refund the purchase price for the Service to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Occipital's sole responsibility. Occipital and you acknowledge that Occipital, not Apple or Google, is responsible for addressing any claims of you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Occipital's liability to you beyond what is permitted by applicable law. Occipital and you acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party's intellectual property rights, Occipital, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third party terms of agreement when using the Service. Occipital and you acknowledge and agree that Apple and Google, and Apple's and Google's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
A. This policy was last modified on November 10, 2016.
11. Contacting Us