Live Planet, Inc. Privacy Policy

This Privacy Policy was last updated on: June 20, 2018

Live Planet (“Live Planet”, “we” or “our”) sells 3D stereoscopic VR cameras and operates an end to end immersive content platform and related mobile applications where Live Planet’s content creators (“Creators”) and third-party publishers (“Publishers”) can create, manage, edit and distribute 3D content (“Content”), and Live Planet’s viewers (“Viewers”) can access the Content made available to them for viewing.

This Privacy Policy explains what information that can be used to identify you (“Personal Data) Live Planet collects when you use our website (“Website”) or webstore (“Webstore”) available on www.liveplanet.net, our iOS, Android or Gear VR mobile applications available for download from app stores such as the Google or App store (“Mobile Applications”), our 3D stereoscopic VR camera (“Live Planet Camera”), our online account (“Live Planet Account”) or paid features of our cloud platform (“Live Planet Cloud”), collectively hereinafter referred to as our “Services”.

By clicking I agree or by visiting or using our Services, you agree to the practices described in this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES. We reserve the right to modify this Privacy Policy at any time and if we make changes to this Privacy Policy, we will provide notice of such changes as appropriate, such as by sending you an email to the address you have provided to us, or providing notice through the Services, and/or updating the last updated date at the top of this Privacy Policy with a change notice on the Services.

Please take a moment to familiarize yourself with our privacy practices, and let us know if you have any question by contacting us at [email protected].

1. What Personal Data we collect

Personal Data you choose to provide us

We collect the Personal Data you choose to provide us with when using our Services:

When you use our Website or Webstore, you will be asked to provide us with the Personal Data such as: name, address, phone number, transaction information, and e-mail, so we can update you on our latest products, job openings, or send you your receipt if you buy something on our Webstore.

When you register for a free Live Planet Account with us, you will be asked to provide us with the following Personal Data: name, email, address, phone number. If you also decide to purchase certain enhanced functionality on Live Planet Cloud we will additionally request: your credit card or bank account payment information.

When you communicate with us, we will collect any Personal Data you provide us in your communication which may include the nature of your concern, your email, phone number and address.

We will collect only as much Personal Data as we need for specific, identified purposes, and we won’t use it for other purposes without obtaining your consent.

Personal Data we automatically collect

We also collect Personal Data automatically depending on which Services you use and how you use them:

Live Planet Website and Webstore: When you visit our Website or Webstore we may automatically collect Personal Data, such as: your browser or operating system, IP address and certain device identifiers that may be unique to your mobile or desktop device; referring website; click stream data, viewed content; platform type; the time that your device visited our website; the state or country from which you accessed the Website and/or Webstore; information collected in or through our cookies or similar technologies, and other similar information.

Live Planet Camera: When you connect a Camera to the Live Planet Cloud or Live Planet Account, we may automatically collect Personal Data about your Camera and your use of it such as: serial number; operating system; camera modes; settings; photos, videos, and audio files; log files; error logs; and other similar information.

Live Planet Mobile Application: When you use the Live Planet Mobile Application on your mobile or desktop device (“Device”) to connect to the Internet, the Live Planet Cloud or Live Planet Account, we may automatically collect Personal Data, about your Device such as: operating system; mobile device identifier, IP address and certain device identifiers that may be unique to your Device; and any data related to your use of the Cloud or Account on the Device for example number of installs and downloads, screens visited, features used and other similar information, Wi-Fi network name; geo location; or other similar information.

Live Planet Account and Cloud: When you use our free Live Planet Account, we may receive Personal Data relating to your use of the online platform such as: your browser or operating system, your IP address and certain device identifiers that may be unique to your Device; computer or mobile device operating system; mobile device identification; platform type; data related to your use of the Online Platform such as number of installs and downloads and screens visited; and other similar usage information.  If you also decide to purchase certain enhanced functionality on Live Planet Cloud we will additionally collect: Personal Data on your uploaded Content.

Personal Data from other sources

Live Planet may receive information about you from third parties such as social network services and other parties that we may use to supplement the information that we collect directly to you. If you connect to a third-party network service or platform through our Services, you are authorizing us to use in accordance with this Privacy Policy any and all information that you agreed the third party could provide to Live Planet.

Anonymized and aggregate Personal Data

We may collect data that is already in anonymized form or we may manually anonymize Personal Data collected by the Services so that the Personal Data does not identify you. We may also combine Personal Data with other data so that it doesn’t identify you specifically (“Aggregate Data”). We use and disclose such anonymized information and Personal Data to others for any purpose.

2. How we use cookies, analytics and similar technologies

 

Cookies and similar technologies: When you use our Services, we and the companies we work with, may place Cookies as well and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that IP addresses or similar identifiers are considered Personal Data by applicable law, we also treat these identifiers as Personal Data. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy. Please note that web browsers are set to accept cookies by default. If you prefer, you can remove or reject cookies through the settings on your browser or device. If you choose to reject cookies, you may not be able to access certain parts of the Services and other parts of our Services may not work properly. If you would like to learn more about cookies, go here: www.allaboutcookies.org.

Online advertising and analytics: We do not service third party advertisements to you while using Live Planet’s website. However, we do work with website analytics and advertising partners to deliver Live Planet advertisements on third party websites. These partners may set cookies on your computer’s web browsers. We do not control the cookies set by such partners via third party websites.

Do Not Track: Do Not Track (“DNT”) is a privacy preference that allows you to express your preference regarding tracking by advertisers and other third parties.  We do not currently recognize DNT signals. Furthermore, Live Planet does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to DNT signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, you can set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked. If you would like to learn more about DNT, go here: https://allaboutdnt.com/.

3. How we use your Personal Data

• Where we need to perform the contract we are about to enter into or have entered into with you. For example, when you purchase our Services, that’s a contract.

• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. For example, when we send you notices about updates to our Services and to carry out fraud screening.

• Where we need to comply with a legal or regulatory obligation. For example, keeping records of our sales for tax compliance.

• Where we have your consent such as for certain cookies or in relation to sending certain direct marketing communications. Where our legal basis is consent, you have the right to withdraw consent any time.

See Explaining the legal bases we rely on to process Personal Data to find out more about the types of lawful basis that we will rely on to process your Personal Data.

Explaining the legal bases we rely on to process Personal Data

Below is a description of all the ways we plan to use Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Our primary purpose in collecting Personal Data is to provide you with a secure, smooth, efficient and customized experience. We use your Personal Data to:

Provide you our Services: We use the Personal Data we collect to share with our third-party providers to provide the necessary hardware, software, networking, storage and other services that we use to operate our Services and maintain a high-quality user experience. This is for our legitimate interests and to perform a contract with you.

Improve our Services: We use the Personal Data we collect to operate and improve the content and general administration of our mobile applications, camera, cloud services and website, to understand how users use and interact with our Services, improve the overall Live Planet customer and product experience, and perform research and analytics. This is for our legitimate interests.

Customize our Services to you: We use the Personal Data we collect to store data about your preferences, allowing us to customize our Services to your individual interests. This is for our legitimate interests.

Keep you posted: We use the Personal Data we collect to notify you about updates to our Services, and send you promotional messages, targeted marketing and content and otherwise market to you on and off our Services. If you do not wish to receive these product announcements from us, you may opt-out as set forth in the messages we send you. We also use the Personal Data we collect to send important notices such as communications about changes to our terms, conditions and policies.  Because this information is important to your use of the Services, you may not opt out of receiving these communications regarding changes to our terms, conditions and policies. This is for our legitimate interests and to perform a contract with you, and may be based on consent.

Promote safety and security: We use the Personal Data we collect to verify your identity including during account creation and password reset processes; provide technical support; detect fraud, illegal activities; security breaches and as part of our efforts to keep our Services secure. This is for our legitimate interests.

4. What you should know about third parties that provide content on our Services

You can use third-party content and other experiences through our Services. When you do so, the third parties may be able to access Personal Data about you and the third parties may independently collect information and data from you that we do not control. For example, the third parties may be able to access Personal Data relating to: your Live Planet Account or Live Planet Cloud; your interaction with the third-party services; any other information you choose to share with the third party. Any Personal Data shared with these third parties will be subject to those third parties’ own privacy policies.

5. Your control over your Personal Data

Right to modification and deletion: If you wish to modify deactivate or delete your account or Personal Data associated with it, please contact us at [email protected]. We may decline to process requests that are frivolous, vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.

If you are located in the European Union, you have other rights as set forth in Section 11 (Your Rights)

6. How we share your Personal Data

While we do NOT share, rent or trade your Personal Data to anyone, your Personal Data may be shared in certain limited circumstances to provide and support our Services:

To service providers: We may share your Personal Data with service providers such as our hosting services (e.g. Google Cloud Services), payment services (e.g. Celery), as well as other partners, who work at our direction to support our Services. For example, we use Mailchimp to send marketing on our behalf. These service providers are prohibited from using any Personal Data about you for promotional purposes.

To Live Planet Viewers: If you submit Content through our Services, we may share your Personal Data with Viewers who access such Content.

To Live Planet Creators and Publishers: If you wish to view content made available on our Services by Creators or Publishers, we may share your Personal Data with such Creators or Publishers, provided you expressly acknowledge and agree that any content you purchase from them will be subject to the respective Publisher’s Privacy Policies.

Other parties in connection with certain business transactions: In the event that the ownership of Live Planet changes as a result of a merger, acquisition, or in the event of a bankruptcy, your Personal Data may be transferred to another company. Should we legally become part of a group of companies, we may share your Personal Data within such group.

Consent: We may share your Personal Data for any other purpose for which you give us your express consent.

Anonymized and aggregated data: We may share anonymized or Aggregate Data with others for any purposes, provided such data does not contain your Personal Data.  

Legal compliance

In response to legal requests: We reserve the right to access, preserve and share information in response to a legal request (such as search warrant, court order or subpoena) if we believe in good faith that that we are required to do so by law, regulation or other government authority. This may include responding to legal requests from jurisdictions outside of the United States if we believe in good faith that we are required to so by law, regulation or other government authority in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.

To prevent harm: We may also access, preserve and share information if we believe in good faith that it is necessary to detect, prevent and address fraud or other illegal activity; to protect Live Planet, our Services, you and others, or to prevent death or imminent bodily harm. Note that your Personal Data may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation or investigations concerning possible violations of our terms and conditions of use (up to a year retention), or otherwise to prevent repeat abuse and harm.

7. How we protect your Personal Data

Security measures: We will take appropriate physical, technical, and organization measures generally consistent with industry practice, to protect your personal information from loss, misuse, unauthorized access or disclosure, alteration and destruction. We may use password protection, encryption, secure socket layers, and firewalls.

8. Children’s privacy. Live Planet’s Services are intended for general audience and not children under the age of 16. We do not knowingly collect Personal Data from children under the age of 16 and should we become aware of such collection, we will take reasonable steps to delete any such information as soon as possible.

9. Data Retention

We will only keep your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

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

By law we have to keep basic information about our customers, such as payment data, generally for seven years after they stop being customers for tax purposes. Please note that we may retain information that is otherwise deleted in anonymized and aggregated form, in archived or backup copies as required pursuant to records retention obligations, or otherwise as required by law.

In some circumstances you can ask us to delete your data; see Your legal rights below for further information.

10. Additional Personal Data for international users

While Live Planet is an international business, we operate primarily in the United States, and as a result regardless of where you use our Services or otherwise provide information to us, the information we collect may be transferred to and maintained on servers located in the United States. The laws, regulations and standards of the country in which this information is stored may be different from your own country. The European Union's General Data Protection Regulation (“GDPR”) allows for transfer of Personal Data from the European Union to a third country in certain situations. By consenting and agreeing to the terms of use and this Privacy Policy, you agree to the transfer of all such information to the United States of America which may not offer an equivalent level of protection to that required in other countries, particularly the European Union, and to the processing of that information by Live Planet on servers located in the United States of America as described in this Privacy Policy. In our discretion, we may adopt other means, such as entering into data processing agreements that include the EU Standard Contractual Clauses or enter into different certification programs under applicable law for ensuring adequate safeguards. If you wish to execute a data processing agreement with us, please contact us.

11. Your Rights

If the General Data Protection Regulation applies to you because you are in the European Union, you have rights under data protection laws in relation to your Personal Data:

• The right to be informed – that’s an obligation on us to inform you how we use your Personal Data (and that’s what we’re doing that in this privacy policy);

• The right of access – that’s a right to make what’s known as a ‘data subject access request’ for copy of the Personal Data we hold about you;

• The right to rectification – that’s a right to make us correct Personal Data about you that may be incomplete or inaccurate;

• The right to erasure – that’s also known as the ‘right to be forgotten’ where in certain circumstances you can ask us to delete the Personal Data we have about you (unless there’s an overriding legal reason we need to keep it);

• The right to restrict processing – that’s a right for you in certain circumstances to ask us to suspend processing Personal Data;

• The right to data portability – that’s a right for you to ask us for a copy of your Personal Data in a common format (for example, a .csv file);

• The right to object – that’s a right for you to object to us processing your Personal Data (for example, if you object to us processing your data for direct marketing); and

• Rights in relation to automated decision making and profiling – that’s a right you have for us to be transparent about any profiling we do, or any automated decision making.

These rights are subject to certain rules around when you can exercise them. You can see a lot more information on them, if you are interested, on the UK Personal Data Commissioner’s Office website.

If you wish to exercise any of the rights set out above, please contact us at [email protected].

You will not have to pay a fee to access your Personal Data (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.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us at [email protected].

You have the right to make a complaint at any time to the supervisory authority for data protection issues in your country of residence. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority so please contact us in the first instance.