Privacy Policy

HOW WE USE YOUR PERSONAL INFORMATION:
THE SMART OPTOMETRY PRIVACY POLICY

Last updated 2018-05-24

SUMMARY
With this privacy policy (the “Policy”), we want to let you know how we at Smart Optometry Ltd, established in Slovenia, EU, with the address Rožna ulica 13, 5280 Idrija (herein “Smart Optometry”, “we” or “us”) promise to take care of the personal information we collect from you. This includes the information you provide us with (for example, when opening a Smart Optometry Account or subscribing to our newsletter), what we learn when having you on our site and when you are using our services. This Policy explains which personal information we collect from you and for what reasons, how we use, store or transfer such data but also how you can contact us to ask about your data and invoke your rights.

We only collect, use, store and transfer (“process”) your personal information in accordance with applicable data protection legislation, including but not limited to the (EU) General Data Protection Regulation (2016/679) (“GDPR”) and applicable national data protection legislation (hereafter “applicable law”).

Depending on whether you are a website visitor, customer and/or a user of our Services, we will process personal information such as your contact details (email address, telephone number and postal address) and your username. For more information about the personal information we collect, use and otherwise process, please see section 6 below.

We will use your personal information for different purposes. We will for example use the data to provide you with the Service you have requested, to improve our Services and other Services, to predict user trends, to make recommendations based on your usage, and customize our Services to you. For more information about how we use your data, please see section 7 below.

We will engage other companies in order to fulfil our purposes and obligations as set out in this policy. When we collect personal information about you, you are entitled to the following rights under applicable law:

• • the right to access and rectify your personal information;
  • the right to object to our processing of personal information;
  • the right to restrict to our processing of personal information;
  • the right to demand us to delete your personal information; and
  • the right to data portability.

For more information about the rights you have in relation to your personal information, please see sections 14- 20 below. If you have any concerns as to how we use your personal information, we would kindly ask you to contact us first. However, you can always lodge a complaint with a relevant authority, specifically where you live, work or where you believe an infringement of you rights has occurred. The relevant data protection authority in Slovenia is Information Commissioner of the Republic of Slovenia (Informacijski pooblaščenec), https://www.ip-rs.si. Please see section 22 for further information.

If you have any questions about the personal information we collect, how we use your data and how we transfer your data to fulfil our purposes as stated herein, please contact us at: [email protected] or by mail; Smart Optometry d.o.o., Att. Privacy team, Lapajnetova 19, 5280 Idrija, Slovenia. Below follows a more detailed description of how we use personal information.

CONTENT

1. 1. Who we are
   2. What we promise
   3. What is personal information?
   4. Reasons for processing of your data
   5. When do we collect your data?
   6. What data do we collect?
   7. How do we use your data?
   8. Who do we share your information with?
   9. Can children use our services?
   10. How do we use cookies and tracking technologies?
   11. Security measures to protect your data
   12. If you choose not to share your data with us
   13. How long will we keep your data?
   14. Accessing, changing and updating your data
   15. Right to object to the processing of your data
   16. Right to erasure
   17. Right to restriction
   18. How to get a copy of your data or receive a copy of your data
   19. How to enforce your rights
   20. How to withdraw your consent or close down your Account
   21. Changes in the privacy policy
   22. How to contact us and how to complain
   23. Other useful information

1. 1. WHO WE ARE

We are Smart Optometry Ltd (“Smart Optometry”, “we” or “us”). This Policy applies to websites operated by us, including on https://www.smartoptometry.com, https://smartoptometryapp.com, https://www.amblyoplay.com and on https://www.amblyoplay.cn. This Policy also applies to your use of our services such as the Smart Optometry application, AmblyoPlay vision therapy and My AmblyoPlay web platform and also when you use and play our services or other products (we call all of the above “Services”). We are the controller of the personal information collected. If you have any questions or want to know more about how we use your personal information, please contact us directly at: [email protected], or contact us as stated in the beginning of this Policy. Our physical address can be found at the end of this Policy under the section HOW TO CONTACT US AND HOW TO COMPLAIN.

1. 2. WHAT WE PROMISE

We promise to keep your data safe and to not to sell your data to third parties. We promise to give you the right to access and delete your data, and to provide you with ways to manage and review your marketing choices as well as any other information (such as for example newsletters) you get from us. Please see sections 14 – 22 for more information.

1. 3. WHAT IS PERSONAL INFORMATION?

Personal information can be any information relating to an identified or identifiable natural person. In other words, it can be any information that could allow us to identify you both directly and indirectly (like for example your name, email address, IP address, or your address). In this Policy, we will use the word “data” to refer to personal information.

1. 4. REASONS FOR PROCESSING OF YOUR DATA

We will only use and process data about you if we have one of the following reason to do so:

• • to fulfill a contract we have with you (for example, when you have registered or subscribed to our Services);
  • when it is our legal duty (for example, for book keeping purposes and to fulfill our obligations in relation to authorities);
  • when you consent to it (for example, when subscribing to our newsletter or registering to our Services); or
  • when it is in our legitimate interest (for example, to enforce our policies, manage our everyday business, to use in an anonymized and aggregated way in order to perform statistical analysis, for direct marketing purposes, to ensure information security, to prevent fraud or to transfer the data to different part of the organization when necessary). When we rely on a legitimate interest we have concluded that our interest is not overridden by your interests or fundamental rights and freedoms. You are welcome to contact us to learn more about how we have reached this conclusion.

Further reasons for processing of your data are:

1. 5. WHEN DO WE COLLECT YOUR DATA?

We will collect data about you when you use our Services, including in the following situations:

• • When you register an account for our Services
  • When you subscribe to our newsletters
  • When you purchase or subscribe to our Services
  • When you use our Services
  • When you contact us or our support services, via emails or letters
  • When you use our websites, apps, or Services
  • In customer surveys
  • If you participate in user research initiatives
  • When you click on one of our ads or in our newsletters or Services

1. 6. WHAT DATA DO WE COLLECT?

We use data that you have explicitly provided to us in different situations. We also use personal information that is generated by your device or when you use our Services. These categories are further explained below. Data that you explicitly provide us with:

• • email address
  • username
  • name
  • shipping address
  • IP Address
  • Device ID
  • Device description
  • age
  • Alias names

In addition to the above, and when subscribing to our Services, you may have to provide us with the following data:

• • physical address for shipment
  • telephone number for contacting regarding shipment
  • name and contact information for a business or organization

Finally, any other data you actively provide us with when:

• • you contact support or seek help from Smart Optometry
  • you fill in our surveys or join our testing

Data we collect when you use our Services or games:

• • Profile and usage data. This includes the profile you create to identify yourself when you connect to our Services and internet protocol (IP) address and cookies that may uniquely identify your browser. It also includes other data about how you use our Services and games. We gather this data from devices you use to connect to those Services, such as computers and mobile phones, using cookies and other internet tracking software.
  • Transaction data
  • Location data
  • Preferred language
  • Gender
  • Occupation
  • Information about your device, hardware and software
  • Referral pages and page exit time
  • In-Service activities
  • Service crash report(s) and error dump information from your device

We will always ask for your consent to give us details on your location data. You have a right to withdraw your consent at any time as described under section 20 below. Data from third parties we work with:

This is used to help us deliver relevant information to you, to prevent fraud and/or abuse, and to collect your geolocation for taxation purposes.

1. 7. HOW DO WE USE YOUR DATA?

We use the information we collect from you and from your use of our Services, to provide, maintain, protect and improve the Services and to develop new ones. To operate our business and to enhance your gaming experience, we use your information in the following ways:

• • To operate, improve, develop and provide you with our Services
  • To respond to inquiries or comments from you
  • To verify your identity in order to prevent unauthorized access
  • To provide you with software updates
  • To understand trends in usage
  • To calculate marketing conversion rates and other elements of advertising performance
  • To help tracking and correcting errors and bugs in Services
  • To customize your user experience
  • To maintain the integrity and security of the Services
  • To process transactions and communicate with you regarding these transactions
  • To enforce our terms and conditions, such as our EULA, Terms of Use, Rules of Conduct and this Policy
  • To send you newsletters and promotional notices and offers you have previously agreed to
  • To keep our Services fair, investigate and prevent fraud and illegal behaviour
  • To comply with applicable laws and regulations.

Special information about marketing: We use your data to inform you about relevant products and offers, e.g. provide you with targeted marketing. The data we collect in such cases contain information that you willfully provide us with, the data we collect when you use our Services or from third parties we work with. We analyse this data to form a view on what we think you might want or need or what may be of interest to you. You can at any time object to our use of your personal information for marketing purposes, including any profiling for such purposes, and we will then stop using your personal information for such purposes.

1. 8. WHO DO WE SHARE YOUR INFORMATION WITH?

We do not and will not share your info with anyone but us, unless you give us permission to do so.

1. 9. CAN CHILDREN USE OUR SERVICES?

Our Services are intended for use by children under parental supervision and control. No personal information can be shared by child without parental consent. Personal information are only shared in gated and password protected sections, inaccessible to children. Accounts are opened and operated by parents. We strongly recommend parents or guardians to instruct their children to not disclose any data when online. If we obtain actual knowledge that we have collected data from a child, we will promptly delete it, unless we are legally obligated to retain such data.

1. 10.  HOW DO WE USE COOKIES AND TRACKING TECHNOLOGIES?

We use cookies and so-called pixel tags to collect information about visitors on our websites. Pixel tags are invisible tags placed on certain pages of our websites, but unlike cookies, not saved on your computer. A pixel tag triggers a cookie when you visit a website. A cookie is a small piece of data sent from the website to your web browser and may be stored on your computer’s hard drive. Cookies allow us to recognize your computer while you are on the website and help customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient log-in for users, tracking transaction histories, and preserving information between sessions. The information collected from cookies may also be used to improve the functionality of the website and to measure traffic patterns. Example of improved experience: If you visit our website, you will not be asked for your password every time you visit, but rather every now and then, or when you clear your cookies manually. There are two main kinds of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date. You are entitled to choose whether or not you would like to use cookies. If you do not approve to the use of cookies, please be sure to opt out, as in block or disable them using your browser settings as described below or the opt-out link provided to you on your first visit to the website. Please note that most web browser applications (such as Microsoft Edge, Mozilla Firefox and Google Chrome) have features that can notify you when you receive a cookie or prevent cookies from being sent. In Microsoft Edge, you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. In Firefox, you can adjust your cookies by clicking “Tools”, “Options” and “Privacy”. In Google Chrome, you can also adjust your cookies by clicking on “Settings”, “Show advanced settings”, “Content settings” and on the “Privacy” section. If you disable cookies, however, you may not be able to use certain personalized functions of the website.

1. 11. SECURITY MEASURES TO PROTECT YOUR DATA

We maintain physical, electronic and procedural safeguards to help guard your data in compliance with applicable privacy regulations. If transactions are offered on the Services, transaction information is transmitted to and from the Service in encrypted form using industry-standard Transport Layer Security (TLS used to be known as SSL) connections to help protect such information from interception. We strictly restrict authorized access to your data only to those persons who have a legitimate purpose to access it. We also have security measures in place to protect the loss, misuse and alteration of the data we process. We encourage you to be careful when sharing your data with other users when you use our Services like forums or chats. We will NEVER ask for your password to be sent separately or in clear text. Anyone doing so is probably trying to steal your stuff.

1. 12. IF YOU CHOOSE NOT TO SHARE YOUR DATA WITH US

We may need to collect data to be able to fulfil our legal obligations or fulfil the terms of a contract we have with you or to be able to even present you with the Services. If you choose not to give us this data, it may prevent us from meeting our obligations. It may also mean that we cannot perform the Services needed to run your Account or policies. It may also mean that we have to cancel a product or Service you have with us. Any data collection that is optional will be clearly indicated as such at the point of collection.

1. 13. HOW LONG WILL WE KEEP YOUR DATA?

We will keep your information for as long as you are a customer of Smart Optometry. We may keep your information for longer for research or statistical purposes, as well as to give you an option of returning and starting off from where you left. If we do, we will make sure your information is anonymised and non-traceable to you as a person. We will also keep it for longer if we cannot delete it for legal or regulatory reasons. We will however delete all data that is no longer necessary after a reasonable period. We will also delete data upon request. For more information, please read section 18 of this Policy “HOW TO GET A COPY OF YOUR DATA”.

1. 14. ACCESSING, CHANGING AND UPDATING YOUR DATA

When you use our Services, we strive to provide you with ways to quickly update or delete data that you have actively provided. You have the right to access the data relating to you. This includes the right to be informed whether or not data about you is being processed, what data about you is being processed, and the purpose of the processing. You also have a right, upon your request, to access information about any evaluation or assessment of the balancing test we are required to conduct when we process your data based on our legitimate interest. Furthermore, you have the right to rectify or add data if the personal information is inaccurate or incomplete. As soon as we become aware of any inaccurate personal information being processed, we will always rectify your data without undue delay and notify you accordingly.

1. 15. RIGHT TO OBJECT TO THE PROCESSING OF YOUR DATA

You are also entitled to object to the processing of your data on grounds related to your particular situation. Please note however, that we must still process some personal information about you to provide the Services to you. This means that you cannot object to all our use of personal information and still require us to provide Services to you. You may unsubscribe to newsletters you have previously opted-in to, by following the instructions in the newsletter you receive (please see further information below).

1. 16. RIGHT TO ERASURE

You are entitled to request that we erase data related to you. We will erase your data upon request provided that it is no longer necessary for the purpose (for example you cannot require all personal information about you to be erased and still receive Services from us) or we have a legal obligation to store personal information.

1. 17. RIGHT TO RESTRICTION

You are entitled to require us to restrict our processing of your personal information if you contest the accuracy of the data, if the processing is unlawful but you do still not want us to erase the data, if the data is no longer needed to fulfil the purpose it was collected for or you have informed us that you do not consider us to have a legitimate interest for certain processing.

1. 18. HOW TO GET A COPY OF YOUR DATA OR RECEIVE A COPY OF YOUR DATA

You can access a copy of your data by contacting us at [email protected]. If you request access to personal information about you that you yourself have provided and (i) if the personal information is being processed automatically and (ii) in accordance with a contract between you and Smart Optometry or based on your consent, you may request that the data is provided in a structured, commonly used and machine-readable format and you may also request that the personal information is transmitted to another controller, if this is technically feasible.

1. 19. HOW TO ENFORCE YOUR RIGHTS

You can contact us at [email protected] any time to get a list of all the data we have collected from you or to get such data deleted or invoke your other rights as explained above. We will do our bests to answer your request in a timely manner but please note that it may take a couple of days. Thank you for your patience and understanding. Please note that if we cannot identify and guarantee who you are, we might ask you to provide us with additional information. Please note that we will not delete any data if we are unable to verify that you are their rightful owner. We will however always use our best effort to help you out.

1. 20. HOW TO WITHDRAW YOUR CONSENT OR CLOSE DOWN YOUR ACCOUNT

You can send us request at [email protected] at any time if you want to remove it. However, we will no longer be able to provide you with certain products or Services if you do so. You can unsubscribe to newsletters at any times by following the instructions in the newsletter you receive. Our newsletters contain mechanisms which allow you to opt-out from receiving further newsletters from us.

1. 21. CHANGES IN THE PRIVACY POLICY

This Policy may change from time to time. Any changes to this Policy will be posted on this page and on our website (https://www.amblyoplay.com/about/privacy-policy), and if the changes are significant, we will provide you with a more noticeable notice, like for example by email or with a pop-up in our Services or on your Account page of our Services. If you are asked to accept material changes to this Policy and decline to do so, you might not be able to continue using the Services with all functionality preserved.

1. 22. HOW TO CONTACT US AND HOW TO COMPLAIN

Please let us know if you are not happy with the way we use and process your data by contacting our Support department at: [email protected]. We will also appreciate to get feedback from you if you think that this Policy or any part of it is unclear. Our address is: Smart Optometry Ltd., Att. Privacy team, Lapajnetova 19, 5280 Idrija, Slovenia. Smart Optometry Ltd. has assigned Data Protection Officer (DPO): Blaž Grah, Smart Optometry Ltd., Att. Privacy team, Lapajnetova 19, 5280 Idrija, Slovenia. You can get in touch with our DPO at [email protected]. You always have the right to lodge a complaint with the relevant authority in particular where you live, work or where an alleged infringement of the GDPR has occurred. For example, the relevant authorities in Slovenia is Information Commissioner of the Republic of Slovenia (Informacijski pooblaščenec), https://www.ip-rs.si.

1. 23. OTHER USEFUL INFORMATION

Information about privacy rights for EU residents can be found on: https://www.eugdpr.org/