Overview

Privacy Policy

Effective date: January 27, 2021

We at Kivisense know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy ("Privacy Policy"). By using or accessing our Services ("Services") in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of Kivisense’s Services is at all times subject to the Terms and Conditions ("Terms and Conditions"), which references and incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms and Conditions.

What does this Privacy Policy Cover?

This Privacy Policy covers our treatment of information that relates to or could be associated with an individual ("Personal Information") that we gather when you are accessing or using our Services, but not to the practices of companies we don’t own or control, or people that we don’t manage.

We may gather various types of Personal Information from you, as explained in more detail below, and we use this Personal Information in connection with our Services.

Will Kivisense ever change this Privacy Policy?

We are constantly improving our Services, so we may need to change this Privacy Policy from time to time. We will alert you to changes by placing an updated version of the policy on this page, placing a notice on kivisense.com, by sending you an email, and/or by some other means.

Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of our Services, and you are still responsible for reading and understanding them. If you use our Services after any changes to the Privacy Policy have been posted, this means you agree to all of the changes.

About Kivisense

Kivisense is on a mission to make augmented reality for everyone and we are doing this by harnessing the power and freedom of the web. We equip developers, agencies and brands with powerful tools to create extraordinary reality content that can be accessed by users in the browser.

Our Services include:

• Platform Tools like the Kivisense Cloud Editor which Developers use to create, collaborate and publish Kivisense hosted WebAR and WebVR experiences using Kivisense Hosting Services. This includes accessing and cloning code made available via templates and public-facing projects.
• SDKs like our AR Engine which developers use to create Self-Hosted and app-based experiences.
• APIs that are integrated into Developer projects and platforms.
• Kivisense developed AR and VR experiences like those found in our Project Library or those used for marketing and support purposes which Developers use as a resource to learn and develop from and Visitors use to experience AR and VR.
• Marketing and Communications like our kivisense.com website which Visitors use to learn more about WebAR, WebVR and Kivisense, our newsletter and other email communication and documentation used to provide marketing and support of our Services. These marketing and communications may feature First-Party and Third-Party content.

You can use our Services in the following ways to manage your Privacy:

1. Signing up for an Kivisense account which allows you to create, collaborate and publish AR and VR content using our Platform Tools, SDKs and APIs.
2. Accessing, viewing, cloning and interacting with AR and VR code and content created by Developers using our Services.
3. Accessing, viewing, cloning and interacting with AR and VR code and content created by Kivisense using our Services.
4. Accessing and viewing our websites and receiving and responding to emails and other marketing and communications such as our newsletters.

If you have any questions about this Privacy Policy, you can contact us at op@kivisense.com.

Privacy Policy Key Terms

"Services" has the meaning as defined above.

"First-Party Content" means any app or website content created, managed and hosted by Kivisense. This includes our marketing site, marketing and support communications and website content developed internally using our Services and our Hosting Services.

"Third-Party Content" means any app or website content created and managed by a Developer using our Services. This includes content on our Hosting Services as well as content which is Self-Hosted. This also includes Third-Party content that is distributed in First-Party Content, and on an Ad Platform.

"Hosting Services" means the components of our Services that enable Developers to create and publish Third-Party content hosted on Kivisense servers.

"Self Hosted" means the components of our Services that enables Developers to create and publish Third-Party content hosted on their own servers.

"Developer" means any person or entity that is registered with us to use the Services.

"End User" means a person that accesses, views and/or interacts with Third-Party Content created by a Developer that makes use of our Services, whether it be Self-Hosted or using our Hosting Services.

"Visitor" means, depending on the context, any person who accesses, views and/or interacts with our First-Party Content as well as a person who visits our offices, or otherwise engages with us at our events or in connection with our marketing, support and recruitment activities.

"Personal Information" means information that relates to or could be associated with an individual.

"You" and "Your" means, depending on the context, either a Developer, an End User, or a Visitor.

User Privacy

Privacy for End Users

When you access, view and/or interact with Third-Party Content created with our Services, Kivisense doesn't attempt to process information about who you are, but does process device and application information such as an IP address, which is considered Personal Information in some jurisdictions such as the European Economic Area.

From an End User, we collect information about the device and application you use to access the content, such as your IP address, your operating system, your browser user agent, and information related to your use of the site including the length of time spent on the site and an anonymized session identifier that cannot be used to track users across different Third-Party Content or First-Party Content. IP addresses are only collected in standard raw web server logs for system/health monitoring purposes, and are only retained for 60 days.

Kivisense generally operates as a processor for Third-Party Content, meaning we process related Personal Information pursuant to our agreements with Developers. We may use the device and application information that we collect to improve our Services. Any Developer that uses our Services to create Third-Party Content using our Hosting Services or Self-Hosted may be collecting additional Personal Information for their own products or services when you visit their site. Kivisense is not in control of additional data that may be collected by a Developer for this content. When accessing, viewing and/or interacting Third-Party Content you should consider the privacy practices and policies of each Developer carefully.

When First-Party or Third-Party Content is linked from or embedded within an Ad Platform, or when First-Party or Third-Party Content contains online advertisements, additional data may be collected by the Ad Platform. When viewing an advertisement you should consider the privacy practices and policies of each Ad Platform carefully.

Privacy for Visitors

Whenever you access, visit and/or interact with our First-Party Content, such as our marketing website, contact Kivisense via email, subscribe to our mailing list or respond to our surveys, we automatically receive and record information on our server from your browser or device, which may include your IP address, geolocation data, device identification, "cookie" information, the type of browser and/or device you’re using and the page you requested.

We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve our Services – for example, this data can tell us how often users use a particular page on our marketing website and we can use that knowledge to make improvements to our website and to make the content on the website more interesting to as many users as possible.

If you click on a link to external sites or services from our First-Party Content, a third-party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices.

If you’ve given us your email address, we may send you Kivisense marketing and promotional emails. We may receive a confirmation when you open an email from us. This confirmation helps improve our communications with you and makes them more interesting. If you do not want to receive communications from us, please indicate your preference by contacting op@kivisense.com.

Privacy for Developers

As a Developer, by registering for an Kivisense account, we receive and store any information you knowingly provide to us. For example, through the registration process and/or through your account settings, we may collect Personal Information such as your name, email address, phone number, and employer. Certain information may be required to register with us or to take advantage of our Services.

We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you Kivisense marketing and promotional emails, or email you about your account and use of our Services. We may receive a confirmation when you open an email from us. This confirmation helps improve our communications with you and makes them more interesting. If you do not want to receive communications from us, please indicate your preference by contacting op@kivisense.com.

When you use our Services, we may automatically collect or receive certain information about your device and usage of our Services (collectively "Service Usage Data"). In some (but not all) countries, including countries in the European Economic Area ("EEA"), this information is considered Personal Information under applicable data protection laws. We use cookies and other tracking technologies to collect some of this information. For further information, please review the "Our Cookie Policy" section below.

Service Usage Data may include:

• Account Data: Data you provide, manage and maintain in relation to our Services, such as source code, billing preferences, project metadata, and files and their metadata.
• Usage Data: Information about how the site is functioning as you use it, for identifying and fixing issues and improving the site quality of experience. Examples include server request logs including their latency, error status, and other diagnostic info including IP address, operating system and browser type, and client logs including info about usage of certain product features and whether they are functioning correctly.

Cookies

Our Cookie Policy

As a Developer or Visitor, information may automatically be collected using Cookies and similar technologies when you use our Services. Some of this information is similarly collected automatically through your browser or from your device. We may use this information to measure the performance of your email campaigns, to provide analytics information, enhance the effectiveness of our Service, and for other purposes described above.

"Cookies" are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our Services.

We may use cookies for our Services for the following purposes:

Essential Website Cookies: These cookies are strictly necessary and help us verify your Account and device and determine when you’re logged in, so we can make it easier for you to access the Services and provide the appropriate experiences and features.

• Examples of cookies include kivisense.kivisense.app and _stripe_sid, __stripe_mid. We use Stripe.com to process free trials and payments made through the First-party Site. If you wish to make an account through the First-party Site, you will receive an email confirmation automatically generated by stripe.com

Performance and Analytics: These cookies help us analyze how the Services are being accessed and used, and enable us to track performance of the Services. For example, we use cookies to determine if you viewed a page or opened an email. This helps us provide you with information that you find interesting. All information these cookies collect is aggregated. Although important to us, these cookies are non-essential to the use of the Kivisense Site. However, without these cookies, certain functionality may become unavailable.

• Examples of cookies include _gat, _ga, _gid. These are set by Google Universal Analytics. They are used to calculate visitor, session and campaign data for our First-Party Site analytics reports.

Advertising (Targeting) Cookies: These cookies are used to make advertising messages more relevant to you and your interests. They also perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed, and in some cases selecting advertisements that are based on your interests. We and our third party service providers may use these cookies to collect information about your browsing activities over time and across different websites.

• Examples of cookies NID, 1P, _JAR, _gcl_au. These cookies enable advertising and analytics by Google. In the future, we may add YouTube, Twitter, Facebook, and/or LinkedIn cookies for the purposes of enabling behavioral advertising and analytics by these services.

Third Party Tags: We use and manage third party tags on the website and associated First-Party Content. Third party tags may take the form of pixels or tracking snippets. We use pixels to learn how you interact with our site pages and emails, and this information helps us and our ad partners provide you with a more tailored experience. We use tracking snippets to capture data from your browser, make requests to a third party partner or set cookies on your device to store data. For example, if you see an Kivisense ad on a social media platform and choose to use Kivisense, we may use a tag to reduce the number of Kivisense ads you see on that platform. We may use Google Tag Manager to manage our third party tag usage. This may cause other tags to be activated which may, for their part, collect data and set cookies under certain circumstances. Google Tag Manager does not store this data.

Opting Out: You have the right to decide whether to accept or reject cookies. From your preferred browser, you can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our Services although your access to some functionality and areas of First-Party Content may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.

Disabling Most Interest Based Advertising: Most advertising networks offer you a way to opt out of Interest Based Advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices or http://www.youronlinechoices.com.

We do not control cookies from Third-Party Content except those we need to use to properly provide the Services, such as for performance. If you click on a link to a third party website or service, a third party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor "Do Not Track" requests you have set using your browser or device.

General Information

How We Share Information

We do not rent or sell your Personal Information to anyone.

We may share your Personal Information with third parties as described in this section:

Information that’s been de-identified: We may de-identify your Personal Information so that you are not identified as an individual. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.

Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the identifiable Personal Information we share with them beyond what is necessary to assist us. Note that an "agent" may also be considered a "partner" in certain circumstances, and would be subject to the terms of the "Information that’s been de-identified" section in that regard.

User Submissions: Certain user profile information, including your name, employer, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments.

Business Transfers: We may choose to buy or sell assets, and may share and/or transfer Personal Information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.

Protection of Kivisense and Others: We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of Kivisense, our employees, our users, or others.

Your Personal Information Choices and Opt-Outs

For Developers using our Services, you may access, and, in some cases, edit or delete the following information you’ve provided to us in your account settings:

• Name
• Password
• Email address

The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at op@kivisense.com.

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our Services. For example, some communications are considered transactional and necessary for account management and you cannot opt out of these messages unless you cancel your Kivisense account.

You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by contacting op@kivisense.com. Some information may remain in our records after you delete your account. We may use any aggregated data derived from or incorporate your Personal Information after you update or delete it, but not in a manner that would identify you personally.

For Developers and Visitors, certain State Laws require us to indicate whether we honor "Do Not Track" settings in your browser. Kivisense adheres to the standards set out in this Privacy Policy and does not monitor or follow any Do Not Track browser requests.

We do not knowingly collect, solicit, or use Personal Information in any manner that would allow us to identify, contact, or profile anyone under the age of 13. If you are under 13, please do not attempt to register for our Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with this information, please contact us at op@kivisense.com.

Your Personal Information Security

As a Developer, your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We strive to protect the privacy of your account and other Personal Information we hold in our records but cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

You can read about Kivisense’s security practices here.

Retention of Data

We retain Personal Information when we have an ongoing legitimate business or legal need to do so.

The period of retention will vary depending on the type of Personal Information involved but generally this decision is shaped by the following criteria:

• If the data is necessary to provide our Service.
• If we have a legal or contractual need to retain the data.
• If Developers have the ability to access, edit and delete the data within their Kivisense account.
• If Developers would reasonably expect that we would retain the data until they remove it or until their Kivisense account is closed or terminated.

We retain IP addresses and device data collected from End Users using First-Party or Third-Party Content created using our Services for 60 days.

Legal Basis for Processing Personal Information (EEA and UK Persons Only)

For those located in the EEA or UK only, the collection of Personal Information as described above will depend on the information and the context in which we collect it.

We will typically collect and use Personal Information from you where the processing of it is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Our legitimate interests are described in more detail in this privacy policy above, but they typically include optimizing the experience in your use of our Services and supporting our marketing activities.

If you are a Developer, we will need Personal Information to grant you access to our Services. In some cases, we may also have a legal obligation to collect Personal Information from you. If we ask you to provide Personal Information to comply with a legal requirement or to create an account with us, we will make this clear at the time and advise you whether the collection of this information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information.

If you are a Visitor, whenever you access, visit and/or interact with our First-Party Content, such as our marketing website, contact Kivisense via email, subscribe to our mailing list or respond to our surveys, we automatically receive and record information on our server from your browser or device, which may include your IP address, geolocation data, device identification, "cookie" information, the type of browser and/or device you’re using and the page you requested. If you click on a link to external sites or services from our First-Party Content, a third-party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices.

Where required by law, we will collect Personal Information only where we have your consent to do so. If you have questions or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us at op@kivisense.com.

Your Rights in Relation to Your Personal Information under GDPR

Subject to the applicable provision of the GDPR, you have the following rights with respect to your Personal Information:

• If we rely on your consent to process your Personal Information, to withdraw that consent at any time, but this will not affect any processing of your Personal Information that has already taken place before withdrawal of your consent.
• To access your Personal Information (commonly known as a "data subject access request") along with certain other details in relation to its processing (if you require additional copies, we may need to charge a reasonable fee).
• To rectify your Personal Information if it is inaccurate or incomplete.
• To have your Personal Information erased if it is no longer necessary for the purposes for which it was processed; you have withdrawn your consent where previously given and there is no other legal ground for processing; you object to its processing for direct marketing purposes; or you object to the processing of your data based on a legitimate interest and there is no other overriding legitimate grounds for processing; or you consider it to have been unlawfully processed.
• To have the processing of your Personal Information restricted in certain circumstances, such as if you contest its accuracy or object to us processing it.
• To have your Personal Information transferred to another company in a structured, commonly used and machine-readable format, if you consented to give your Personal Information to us or it was provided to us as necessary in connection with our contract with you and if the processing is carried out by automated means.
• To object to the processing of your Personal Information, and we will cease processing it if (a) we are relying on a legitimate interest to process your Personal Information, unless we demonstrate compelling legitimate grounds for the processing or (b) we are processing your Personal Information for direct marketing.
• To lodge a complaint with your national data protection authority if you have a concern about our privacy practices, including the way we handle your Personal Information.

If you would like to submit a request to us to exercise your rights, please contact us at op@kivisense.com. Please note that you must verify your identity before we will process your request. You may be required to provide email confirmation or other information in order for us to verify your identity.

International Transfers

Kivisense operates in the People‘s Republic of China. Our servers and offices are located in the United States and the People‘s Republic of China, so your information may be transferred to, stored, or processed in the United States or the People‘s Republic of China. While the data protection, privacy, and other laws of the United States or the People‘s Republic of China might not be as comprehensive as those in your country, we take many steps to protect your privacy, including offering our Developers a Data Processing Agreement available here.

If you have any concerns about your data protection as it relates to the country you are doing business, please contact us at op@kivisense.com.

What if I have questions about this Policy?

If you have any questions or concerns regarding our Privacy Policy, please send us a detailed message to op@kivisense.com, and we will try to resolve your concerns.