RealEyes Digital, Inc. Privacy Notice

Last updated: January 2023

Real Eyes Digital, Inc. (“Real Eyes,” “us,” “we”, or “our”) operates the Real Eyes website and associated social media account pages (the “Service”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service. We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use the Service. By accessing or using the Service, you agree to this privacy policy.

Information Collection and Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your first and last name, company name, email address, and phone number (“Personal Information”).

We collect this information (i) directly from you when you provide it to us and (ii) automatically as you navigate through the Service. Information collected automatically may include usage details, IP addresses, and information collected through cookies (when and as applicable).

The information we collect on or through our Service may include:

● Information that you provide by filling in forms on our Service, responding to a survey, and in connection with other activities, services, features or resources we make available on our Service. This includes information provided at the time of registering to use our Service, subscribing to our Service, or posting material. We may also ask you for information when you report a problem with our Service.

● When completing profiles, additional information, such as details on your location as well as content such as photos.

● Records and copies of your correspondence (including email addresses) if you contact us.

● User name and other information (such as your friends and contacts) from third party social media accounts and third party platforms that are utilized by the Service.

● Details of transactions you carry out through our Service and of the fulfillment of your orders.

We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your orders, and improving our services.

Cookies & Tracking Technologies

Real Eyes uses a variety of technologies to help us better understand how people use the Service.

A cookie is a small data file sent from a web site to your browser that is stored on your computer's hard drive. Real Eyes uses our own cookies for a number of purposes, including to access your information when you sign in; keep track of preferences you specify; display the most appropriate content based on your interests and activity on Real Eyes; estimate and report Real Eyes's total audience size and traffic; conduct research to improve our content and services.

We use Flash cookies (a.k.a. local shared objects or LSOs) to store some of your viewing preferences on our site. Flash cookies are used to collect and store information, but differ from browser cookies in the amount, type and manner in which data is stored. Real Eyes does not tie the information gathered by Flash cookies to your personally identifiable information.

Real Eyes may partner with third-party services who may use various tracking technologies, such as browser cookies or Flash cookies, to provide certain services or features. These technologies allow a partner to recognize your computer each time you visit Real Eyes, but do not allow access to personally identifiable information from Real Eyes. Real Eyes does not have access or control over these third-party technologies, and they are not covered by our privacy statement. You may be able to change browser settings to refuse and/or disable cookies when you access the Service through a web browser. The steps to do this vary depending on the browser used, but generally can be found by using the “Help” feature available on your browser. However, if you do that, the Service may not work properly and/or personalized features of the Service will be disabled.

Disclosure of Your Information

We may disclose personal information that we collect or you provide as described in this privacy policy:

● To our subsidiaries and affiliates.

● To contractors, service providers, and other third parties we use to support our business, including, but not limited to, affiliate marketing services, Amazon Web Services (AWS), Google Developers, and Stripe.

● To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Real Eyes's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Real Eyes about our Service users is among the assets transferred.

● To fulfill the purpose for which you provide it.

● For any other purpose disclosed by us when you provide the information.

● With your consent.

We may also disclose your personal information:

● To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

● To enforce our rights arising from any contracts entered into between you and us including the Terms of Service and for billing and collection.

● If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Real Eyes, our customers, our vendors or others.

Log Data

We collect information that your mobile device or browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your mobile device or computer's Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.

When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, your location information and other statistics.

Do Not Track Disclosure

We support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. Even if you unsubscribe or unsubscribe from receiving marketing communications from us, you will continue to receive email correspondence from Real Eyes related to the Service.

Compliance With Laws

We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

Data Retention

Real Eyes will retain your Personal Information for as long as your account is active or as needed to provide you services. If you no longer want Real Eyes to use your information to provide you services, you may close your account. In some instances, we will delete or anonymize the information you provide to us after it is no longer needed. We also keep information about you and your use of the Service for long as it is necessary for our legitimate business interests, legal reasons (e.g., legal requirements to keep data), and to prevent harm to Real Eyes and/or its users. If we no longer need your personal information, we will delete it.

Business Transaction

If Real Eyes is involved in a merger, acquisition or asset sale, your Personal Information may be transferred as a business asset. In such cases, we will provide notice before your Personal Information is transferred and/or becomes subject to a different Privacy Policy.

Security

The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Service like message boards. The information you share in public areas may be viewed by any user of the Service.

However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.

Geographic Restrictions

The Content and Services are based in the state of California in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. You may not use or access the Service if you are located outside the United States.

International Transfer

Your information, including Personal Information, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 (“Children”).

We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.

California Users

The California Consumer Protection Act (“CCPA”)1 provides new rights to California Consumers. These include rights to access, delete, opt-out, and non-discrimination. The section provides more information about each right and how California Consumers can exercise these rights under the CCPA.

Right to access: You have the right to request that we disclose the data we collect, use and disclose, and other information relating to data we collect about you.

Right to delete: You have the right to request the deletion of data that we have collected from you, subject to certain exceptions.

Right to opt-out: You have the right to opt-out of any “sale” of your personal information.

Right to non-discrimination: You have the right not to receive discriminatory treatment for

exercising the rights listed above.

To request (a) information about your Personally Identifiable Information collected, (b) deletion of your Personally Identifiable Information, or (c) opt-out of the sale of your personal information, please send an email with your request to legal@realeyesdigital.com. Only you, or someone you authorize to act on your behalf, may make a request to know or delete your data. An authorized agent may make a request on your behalf by providing written permission signed by you.

You must provide us with sufficient information for us to reasonably verify that you are the consumer from whom we collected the personal information. Any Personal Information you send us to verify your identity will be used for this purpose only. We will make commercially reasonable efforts to identify your personal information that we collect, process, store, disclose and otherwise use and to respond to your requests. If we are unable to verify your identity or if we suspect fraudulent activity, we may decline to comply with your request.

California’s “Shine the Light” Law

If you are a California resident, you are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of Personal Information to third parties for their direct marketing purposes in the preceding calendar.

Changes To This Privacy Policy

This Privacy Policy is effective as of the date set forth at the top of this page and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

1 CCPA requirements applies to entities conducting business in California that either directly or indirectly control the collection of personal information of CA residents and meet one or more of the following criteria: (1) have annual gross revenues in excess of $25 million, adjusted for inflation; (2) derive 50 percent or more of their annual revenues from selling consumers’ personal information; or (3) annually buy, receive for a commercial purpose, sell or share the personal information of 50,000 or more consumers, households or devices.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website or Service.

Contact Us

If you have any questions about this Privacy Policy, please contact us at legal@realeyesdigital.com.