OVA Inc. located at 2778 #200, CH SAINTE-FOY, QUEBEC (QUEBEC), CANADA, G1V 1V7 ("OVA" or "we") places particular importance on the protection of your Personal Information. That is why we are committed to ensure the accuracy, security and confidentiality of the Personal Information collected about you, in accordance with applicable laws.
This Policy does not apply to third-party websites and software that may be accessed through our website, platform, software, products or applications, as the case may be (collectively, our "Services").
For the purposes of this Policy, "Personal Information" means any information about an identifiable individual, as defined in Canadian law.
OVA has appointed a Chief Privacy Officer. If you have any questions, comments or complaints about this Policy, please contact Harold Dumur, CEO, at the following email address: firstname.lastname@example.org.
1. THE PERSONAL INFORMATION WE COLLECT
In the course of our business and service provision, the Personal Information collected may include, but is not limited to:
- Your First Name;
- Your Last Name;
- Your Email Address;
- Your Password;
- Your Birth Date;
- Your Company;
- Your Industry;
- Your Occupation;
- Your XR Experience Level;
- Your IP Address;
- Your Location (Latitude, Longitude, Region, City, Country Code, Country Name, Continent Code, Continent Name)
- Your Headset Model;
- Your Graphics Card Name
- Your Graphics Memory Size;
- Your Operating System;
- Your Processor Count;
- Your Processor Type;
- Your System Memory Size;
- Your Driver Media Type;
- Your Licence Type, Expiration Date, Status;
- Your Space Names;
- Your StellarX App Version;
- Your StellarX Feature Usage;
- Your StellarX Session Token;
- Your Loading StellarX Space Time;
- Your Loading Opening StellarX Time;
- Your Steam Identifiers;
- Your Meta Identifiers;
- Your immersive content creations (3D Model, video, image, audio file) while using the Services containing Personal Data;
- Your activities, stats, friends, and preferences;
- Your use of our Services and other technical information relating to your browsing behaviour;
- Your communications to us.
2. HOW WE COLLECT YOUR PERSONAL INFORMATION
OVA collects your Personal Information from you and through cookies.
2.1 From you
You provide us directly with Personal Information, such as when you create an account on our Services, when you access and use our Services, when you click on an advertisement that we have placed on a third party website (e. g. Google, Facebook, etc.), when you contact us, when you complete an online request form or when you purchase one of our products or services.
Cookies are small data files that are commonly stored on your device when using websites and online services. They are used for the efficient operation of websites and can provide information and help personalize services. OVA collects Personal Information provided by cookies.
OVA uses different types of cookies:
- Performance and functionality connection cookies: These cookies are not essential to the provision of our services. They facilitate the personalization and enhancement of the user experience. For example, they may store your personal preferences, which prevents you from having to re-enter information more than once, or store your credentials so that you do not have to enter them every time you log in.
- Cookies for advertising purposes: These cookies are not essential to the provision of our services. They store information about your website visit, such as the pages visited or the response to advertisements, to help provide a user experience that is tailored to your needs.
3. HOW WE USE YOUR PERSONAL INFORMATION
Personal Information collected by OVA will be used for the following purposes:
- Provide, maintain, customize and improve our services;
- Distribute updates and patches for the software;
- Ensure that software’s license is properly managed and to prevent product privacy;
- Allow OVA to perform internal operations related to its services;
- Send or facilitate communications between yourself and OVA and you in connection with the services.
Except as already provided by applicable privacy legislation, OVA will request your consent before using your Personal Information for purposes not previously identified.
4. YOUR CONSENT TO THE COLLECTION AND USE
Your consent to the collection, use and disclosure of your Personal Information is required, except where inappropriate. (For example, for legal or security reasons, it may be impossible or impractical to obtain consent.).
By agreeing to use OVA’s services, you expressly provide OVA with your consent to collect, process, and use your Personal Information in accordance with the provisions of this Policy.
You represent that you are aware of the purposes for which OVA collects, processes, and uses your Personal Information, how it will be collected, and how we protect the confidentiality of the Personal Information.
You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice.
5. RETENTION OF PERSONAL INFORMATION
As a general rule, OVA retains your Personal Information only for as long as it is necessary to fulfill the purposes for which it was collected. OVA may also retain your Personal Information for longer periods to comply with applicable laws or for other purposes when permitted by such laws.
OVA recognizes your right to the erasure of your Personal Information. To exercise this right, please follow instructions provided in this policy. For questions relating to the retention of your Personal Information, please contact our Chief Privacy Officer in writing at email@example.com.
6. OUR SECURITY MEASURES
OVA implements industry-standard, state-of-the-art security measures to protect its customers from unauthorized access or use, alteration, unlawful, or accidental destruction or loss of their
Personal Information. Unfortunately, it is impossible for us to guarantee the absolute security of the Personal Information collected or transmitted through our Services.
You therefore understand and agree that (i) there are limits to the security and confidentiality of the Personal Information we collect that are beyond the control of OVA; (ii) the security, integrity and confidentiality of all Personal Information and data exchanged between you and OVA through our Services cannot be guaranteed; and (iii) such Personal Information may be viewed or altered by a third party at the time of transfer. For these reasons, OVA cannot be held responsible for any loss, capture or alteration of Personal Information.
7. ACCESS AND MODIFICATION OF PERSONAL INFORMATION
You have access to your Personal Information through your user account on our Services, if applicable. You can correct and update this Personal Information from this access at https://www.ova.ai/profile/dashboard.
You may obtain a copy of your Personal Information or have it corrected, if it is incorrect, by sending us a written request by email.
No request for access, rectification, or deletion may be considered unless it is made in writing by you when you prove that you are the individual concerned (or the representative, heir, or successor of that individual, or the liquidator of the succession, a beneficiary of life insurance or of a death benefit).
When we receive a request for access, rectification, or removal, we will attempt to respond within a reasonable time frame after receipt of the request.
In certain situations, OVA may not be able to provide access to all the Personal Information it holds about you. Exceptions to the access requirement are meant to be limited and specific. The reasons for denying access will be provided to you upon request.
Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.
A reasonable fee may be charged for the transcription, reproduction or transmission of Personal Information.
8. PERSONAL INFORMATION DISCLOSURE
OVA will not disclose your Personal Information to a third party unless you consent, or unless such disclosure or use is required by law.
Personal Information may also be disclosed without your consent for research purposes if the documents containing the Personal Information are not structured so as to allow retrieval by reference to your name or identifying code or symbol and the Personal Information cannot be retrieved by means of such a reference.
9. POLICY CHANGE AND UPDATE
OVA may, at its discretion, update, revise, modify or supplement this Policy from time to time. If a change is made to the Policy, you will be notified when you log in and/or we will send you a link to the new version of the Policy. The Policy and any related agreements, if any, will be posted on our Services. OVA asks its users to consult the amended Policy before continuing to use its services. If you refuse the updated version of the Policy, you will be able to terminate your account.
The continued use of the services provided by OVA, after the amended Policy comes into effect, constitutes consent to such amended Policy.
10. POSSIBILITY TO FILE A COMPLAINT
OVA has established procedures to receive complaints and inquiries about its policies and practices for the management of Personal Information. The complaints procedure is easily accessible and simple to use.
OVA will inform persons making an inquiry or complaint of the existence of the relevant procedures.
OVA will investigate all complaints. If a complaint is found to be justified, OVA will take appropriate measures, including, if necessary, amending its policies and practices.
11. YOUR RIGHTS
11.1 Right to erasure
You have the right to the erasure of your Personal Information . This right is granted to all individuals whose Personal Information is processed by OVA. To exercise this right, you must submit a written request to OVA by following the instructions that are detailed below (Section 11.1.1). In circumstances where the right to erasure does not apply, OVA may not grant your request. Examples of such circumstances is where the processing of Personal Information is required to comply with a legal obligation, or, where it is required for the establishment, exercise or defence of legal claims.
For any questions regarding the right to erasure, please contact our Chief Privacy Officer at firstname.lastname@example.org.
11.1.1 Instructions to request the erasure of your Personal Information :
To request the erasure of your Personal Information, please follow these steps :
- Prepare an email to be sent to OVA’s Chief Privacy Officer at email@example.com;
- Start your email subject line with : [Erasure request];
- In the body of your email, provide the following information in writing to accelerate the processing of your request :
a. Information allowing OVA to confirm your identity (eg. profile name, email address, etc...);
- Send the email request in written format to firstname.lastname@example.org;
- Once OVA has received your email request, it will process it without undue delay.
- In certain circumstances, OVA may require additional information to confirm your identity. Please reply promptly to this email.
- Once OVA has successfully processed your request, you will receive email confirmation of the outcome.
11.2 Right to restrict processing
You will be entitled to obtain from OVA a restriction to process when any of the following applies:
- For a period of time that allows OVA to verify the accuracy of the personal data while you dispute the accuracy of the Personal Information;
- The processing is unlawful and you object to the deletion of Personal Information and instead require a restriction to process by limiting the Personal Information use;
- OVA no longer requires the Personal Information for the purposes of the processing, but it is still necessary for you to establish, exercise or defend legal rights;
- You object to the processing during a verification as to whether the legitimate grounds pursued by OVA prevail over your own.
11.3 Right to Data Portability
You will be entitled to receive the Personal Information you have provided to OVA, in a structured, commonly used and machine-readable format, and you will be entitled to transmit such Personal Information to a third-party without OVA impeding it where the processing is based on your consent and the processing is carried out using automated processes.
11.4 Right to Object
You may object, at any time, for reasons relating to your particular situation, to the processing of your Personal Information which is necessary for the legitimate interests pursued by OVA or by a third party or for the performance of a task carried out in the public interest or in the exercise of a public authority vested in OVA, including profiling. OVA will no longer process Personal Information unless OVA demonstrates that there are compelling legitimate reasons for the processing that prevail over your interests, rights and freedoms or for the establishment, exercise or defence of legal rights.
11.5 Automated Individual Decision-Making, Including Profiling
You may not be the subject of a decision based exclusively on automated processing, including profiling, that produces legal effects concerning you or significantly affects you in a similar manner, unless the decision is:
- Necessary for the conclusion or performance of a contract between you and OVA;
- Authorized by the law to which OVA is subject and which also provides for appropriate measures to safeguard your rights, freedoms and legitimate interests; or
- Based on your explicit consent.
In the cases referred to in points (1) and (3) above, OVA will implement appropriate measures to safeguard your right to obtain human intervention from OVA, to express your views and to challenge the decision.