Scope of Privacy Notice

This notice applies to your use of our website, subscription forms on the website, and our logging tools which may be incorporated in our applications or downloaded separately (tools). This notice sets out the basis on which we will process any personal information collected via our website or contained in log files that you provide to us. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it.

Information We May Collect About You

We may collect and process the following information:

Identity data. You may give us information about you by filling in forms on our website, or by corresponding with us (for example, via online forums or by e-mail or chat). This may occur when you download the tools or report a problem with a QuarkXR product. This information may include:

- your name and job title;

- your contact information, including email address;

- information regarding your preferences and interests or relevant to specific customer surveys or offers.

Technical data. The tools generate files containing information relating to your use of and the performance of our software (log files). Log files are stored locally on your device and are not transmitted automatically to us. If a problem occurs you will be given the opportunity to send log files to us. These log files may contain the following information:

- locale and time zone settings;

- information on the internal state of software drivers and connected QuarkXR devices.

Records data. If you contact us, we may keep a record of that correspondence.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. aggregated data may be derived from your personal information but is not considered personal information in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this notice.

We do not collect any special categories of personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).

Uses Made of the Information

We will only use your personal information when the law allows us to. Most commonly, we will use information held about you to understand your needs and provide you with a better service, including:

- with technical data, where it is necessary for the performance of a contract with you or for our legitimate interests (to understand how customers use our products and services):

- to improve our products and services;

- to customize our website according to your interests

with identity data and technical data unless you have opted out where you have given your consent, which you have the right to withdraw at any time by contacting us:

- for sending promotional communications about new products, special offers or other information which we think you may find interesting;

- to contact you for market research purposes.

With identity, technical and records data, where you have given your consent by asking us to assist you with resolving a technical problem or it is necessary for our legitimate interests (to develop and improve our products and services and grow our business):

- We use log files you send us to reconstruct the hardware configuration that caused the problematic behavior you experienced;

- we attempt to replicate this situation so we can resolve the problem or modify our product to avoid the issue.

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosure of Your Information

We may disclose the information which we collect or which you provide to us to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

We will not sell, distribute or lease your personal information to third parties unless we have your permission, except where:

QuarkXR or substantially all of its assets are acquired by a third party, in which case personal data held by us about our users and customers will be transferred to the acquiring party.

we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.

We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.

Where We Storage and Transfer of Your Information Personal Data

The data information that we collect from you may be shared within the QuarkXR group. This may involve your information being transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our partners. By submitting your personal data, you agree to this transfer, storing or processing. Whenever we transfer your personal information out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.

Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.

Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

Information Security

We will take all steps reasonably necessary to ensure that your data information is treated securely and in accordance with this privacy notice.

In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Retention of Information

We will only retain your information for as long as necessary to fulfill the purposes we collected it for.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of your information, the purposes for which we process your information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Links To Other Websites

Our website may contain links to other websites not operated by QuarkXR. Such sites are not governed by this notice and we are not responsible for the protection and privacy of any information which you provide whilst visiting such sites.

Your Legal Rights

Under certain circumstances, you have the rights under data protection law in relation to access information held about you. These rights include: to have access to the information we hold about you; to request correction of that information; to request its erasure where we do not have a good reason to hold it; to object to or request the restriction of the processing of your information; to ask for a copy of your information to be transferred to you or a third party; or to withdraw your consent to processing (but we may still process your information where we have another lawful basis for doing so).

Your rights of access can be exercised in accordance with that Act by contacting us via the email address below. Any access request may be subject to a fee of $10 to meet our costs in providing you with details of the information we hold about you. You will not have to pay a fee to access your information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Changes To this Privacy Notice

We may change this notice from time to time by updating this page. This notice was last updated on 24th May 2018 and historic versions can be obtained by contacting us. Any changes we may make to this notice in the future will be posted on this page and, where appropriate, may be notified to you when you use the tools.

Contact

For the purpose of the Data Protection Act 1998, Intugame Inc. is made up of different legal entities, details of which can be found here. This privacy notice is issued on behalf of the Intugame Inc. group so when we mention “Intugame”, Ïntugame Inc., "QuarkVR", “QuarkXR”, “we”, “us” or “our” in this privacy notice, we are referring to the relevant company in the Intugame Inc. group responsible for processing your data. The data controller responsible for your personal information and this website is Intugame Inc. (US).

350 Townsend Street #843, San Francisco, CA 94107, United States. Questions, comments and requests regarding this privacy notice are welcomed and should be addressed to office@quarkxr.com.