Privacy

Last updated: May 2023

Introduction

Eyekandy Limited (“Company”, “we,” “our,” or “us”), a company registered in England with registered address 4 Emmanuel Court, Reddicroft, Sutton Coldfield, West Midlands, BE3 CAZ, United Kingdom, believes in protecting the personal data it collects from individuals (“users”) that access or use this website (the “website”) or third party websites that utilise Eyekandy tools and “services” (including but not limited to the Eyekandy Point and Place WebAR Player and the Eyekandy 3D Player) and takes seriously its obligation to comply with its obligations under applicable data privacy laws including, without limitation, the General Data Protection Regulation (“GDPR”). The Company is a data controller as defined in the GDPR as it pertains to usage of www.eyekandy.com and data processor or sub-processor as it pertains to delivery of the eyekandy services on third party websites (for example brand websites or retailer websites).

This notice (“notice”) sets out how the Company uses, discloses, transfers and otherwise processes users’ personal data collected by communicating with eyekandy electronically (e.g. email), through their use of the eyekandy website or a third party website and how we use cookies in the operation of the website and services.

Personal data we process or store

For purposes of this policy, “personal data” means any information relating to an identified or identifiable natural person. We process the following types of personal data:

Name (if provided)
Email Address (if provided)
Telephone Number (if provided)
Company / Organisation that you are contacting eyekandy from (if provided)
IP Address if interacting with Eyekandy services on a third party website

We collect your personal data using both “active” and “passive” means.

Active means. The Eyekandy website actively collects personal data from users by asking specific questions and permitting users to communicate directly with us, for example via e-mail or feedback forms. Some areas of the website may also require a user to submit information, including personal data, to register for certain services or benefits, such as syndication services.

Passive means. We passively collect (i.e., without the user actively providing the information) personal data about a user as the user accesses and navigates through the website using various technologies and means, such as navigational data collection and cookies. Our cookie policy is outlined below.

We process your personal data on several different legal bases, as follows:

• Our legitimate interest – if you are visiting our website or contacting us electronically, you are most likely an employee or representative of a partner, client or customer of our international Augmented Reality and Creative Services business. If you are visiting a third party website, you are most likely a customer or potential customer of that third party.
• In that respect, we process your personal data:
  • To facilitate commercial interactions between our company and your employer;
  • For the security and safety of the website, our technology connected to the website and the users of the website;
  • To detect and prevent fraud;
  • To protect and defend the rights or property of others, or our own rights and interests;
  • To manage and administer the website, including analyzing web traffic and utilizing web analytics solutions; and
  • For use in marketing our products and services to your employer or affiliated entities.
  • To provide content to the third party’s website to enhance your shopping experience.
  • Our legal obligations – we may need to process your personal data to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders and legal process.
  • Your prior consent – Where we are required to do so by applicable data protection law, for placing cookies on your device (subject to certain exceptions) or sending marketing communications to you. As required by law, we provide you certain details on our use of cookies and marketing communications below.

Cookies and web analytics used on this website

The website makes use of cookies. Cookies are small text files downloaded by your internet browser and stored on the device you use to access the website (e.g., your desktop computer, laptop, tablet or smartphone). Depending on their purpose, cookies log specific user-related information such as your user preferences, authentication information, security parameters, data concerning the devices you use to access the website, and statistical information regarding your use of the website. Where necessary during your visit to the website or when revisiting the website, your internet browser transmits the cookies including the contained information back to the servers they were initially downloaded from. The analysis and processing of such information allows us to ensure the functionality of the website, improve your online experience, and optimize the structure and content of the website.

The cookies we use can be categorized as follows:

Strictly Necessary Cookies - These are cookies that are required for the operation of the website or of certain parts thereof. They either serve the sole purpose of carrying out network transmissions or are strictly necessary in order for us to provide an online service explicitly requested by you.

Analytical/Performance Cookies - These cookies allow us to carry out web analytics or other forms of audience measuring such as recognizing and counting the number of visitors and seeing how visitors move around the website. This helps us to improve the way the website works, for example, by ensuring that users can easily find what they are looking for.

Functionality Cookies - These cookies are used to recognize you when you return to the website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region). Loss of the information in these cookies may make our services less functional but would not prevent the website from working.

Targeting/Profiling Cookies - These cookies record your visit to the website and/or your use of the services, the pages you have visited and the links you have followed. We will use this information to make the website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that on partner websites (brands and retailers that use the Eyekandy service platform) eyekandy utilises the “storage” areas of your web browser to store the following pieces of information:

The following cookies are used on some pages of the eyekandy website:

The following web analytics are used on third party websites:

You may influence the scope and extent to which we use cookies when you visit a website. In particular, you may prevent cookies from being stored on your device by adjusting the respective settings on your internet browser. However, please be aware that this might render certain functions of the website inoperable or more difficult to use. Depending on the internet browser you use, you might also be able to specifically reject cookies.

Marketing Communications

You may be receiving electronic communications as a result of being on our B2B marketing database. To provide newsletters or similar, we log and store your name, title, email address and company name. You can unsubscribe from these newsletters at any time by clicking the ‘unsubscribe from this list’ link at the bottom of the email or by sending an email to dpo@eyekandy.com

Recipients of your personal data

For the following purposes, we may disclose your personal data to the following third parties, as required or permitted by applicable law:

Data transfers to recipients outside of the European Economic Area

We may transfer your data to affiliated companies or third party service providers located outside the European Economic Area (“EEA”) in jurisdictions that are not subject to an adequacy decision by the EU Commission finding them to provide an adequate level of protection of personal data, i.e. a level of protection of fundamental rights and freedoms that is essentially equivalent to that guaranteed within the EU.

However, to ensure an adequate level of protection for your personal data, we will comply, and require the compliance of our third party providers, with one of the transfer mechanisms specified in the GDPR and approved by the EU Commission. You can ask for a copy of such appropriate safeguards by contacting the eyekandy Data Protection Officer at dpo@eyekandy.com.

How long we keep your personal data

We have implemented appropriate retention periods for your personal data collected or otherwise processed on or through the website as set forth in our data retention policy. Where our processing of your personal data is based on legitimate interests or compliance with legal obligations, it will be deleted as soon as the underlying purpose has expired. We may retain your personal information for longer periods if it is subject to legal requirements such as government reporting or fraud prevention which we are required to observe. Personal data processed based on your consent, which is intended to be processed for the duration of your association or relationship with the company will be deleted in accordance with the above principles, or earlier if and when you withdraw your consent to continued processing.

Your rights regarding the processing of your personal data under the GDPR

European Union citizens and residents have the following rights under GDPR:

• inquire whether and what kind of personal data we hold about you and how it is processed, and to access or request copies of such personal data
• request the correction or supplementation of personal data about you that is inaccurate, incomplete or out-of-date in light of the purposes underlying the processing, or to
• obtain the erasure of personal data no longer necessary for the purposes underlying the processing, processed based on withdrawn consent, processed for legitimate interests that, in the context of your objection, do not prove to be compelling, or processed in non‑compliance with applicable legal requirements.

In addition, you have, subject to the conditions set out in the applicable law and without limitation, the rights to:

• request us to restrict the processing of personal data in certain situations where you feel its processing is inappropriate,
• object, in certain circumstances, to the processing of personal data for legitimate interests, and to
• request portability of personal data that you have actively or passively provided to us (which does not include data derived or inferred from the collected data), where the processing of such personal Data is based on consent or a contract with you and is carried out by automated means.

If you desire to exercise any of the rights indicated above, you must provide the requested information via email to DPO@eyekandy.com

There is no fee for a Subject Access Request, however, your request must be reasonable and proportional as to not overburden the organization with overly broad requests that would be financially prohibitive to address.

Your provision of personal data to us

Your use of the eyekandy website, third party websites that use eyekandy services and electronic communication methods and your provision of personal data to us in the process is purely voluntary on your part. Subject to your sole discretion, you can, at any point, stop using the website or, where applicable, opt out of certain data processing operations while on the website or in electronic communications as described in this policy. An exception applies if and to the extent that you want to enter into or perform a contract with us through electronic communications. In this event, providing us with your related personal data is necessary for us to be able to enter into the contract with or provide any contractual services to you.

How we protect your personal data

We are committed to ensuring the security of your personal data. We take appropriate commercially reasonable technical, physical and organizational measures to prevent unauthorized or unlawful processing of your personal data or accidental loss or destruction of your personal data.

Changes to this notice

Eyekandy reserves the right in its sole discretion to amend this policy from time to time. In this event, we will post the revised policy on the website. We encourage you to periodically view this policy so that you remain informed as to how we are protecting users’ personal data and about what cookies are used on the website. We may, where necessary, notify users of any modified version of this policy that might materially affect the way we use, disclose or otherwise process users’ personal data or otherwise affect their privacy rights. We may do this by posting an update on the website which users will see at their next visit.

Contact us or our Data Protection Officer

If you have any questions, concerns or complaints with respect to this privacy policy or the way we handle your privacy, please contact our Data Protection Officer:

Eyekandy Ltd, 4 Emmanuel Court, Reddicroft, Sutton Coldfield, West Midlands, BE3 CAZ, UK

eyekandy Data Protection Office
+44 (0) 203 757 0730

You also have the right to complain to the UK Data Protection Authority the ICO, the contact details are:

The Information Commissioner’s Office Water Lane, Wycliffe House Wilmslow – Cheshire SK9 5AF Tel. +44 1625 545 745 e-mail: international.team@ico.org.uk Website: https://ico.org.uk