XMReality AB, 2017-03-03
Welcome to this mobile application for remote guidance (the “App”), which is provided by XMReality AB, company registration number 556722-7284 having its registered address at Diskettgatan 11 B, 583 35 Linköping, Sweden (“we” or “us”), as part of a solution for remote guidance in field service offered to companies (each such legal person having entered into an agreement with us regarding use of said solution; a “Customer”).
You may use the App acting as an authorized employee or consultant of a Customer and you acknowledge that the App is not provided to you as a consumer. Reference is also made to our End User License Agreement (the “EULA”).
Under the Swedish Personal Data Act (1998:204), which implements the EU Directive 95/46/EC, it is the entity deciding the purposes and the means of processing that is the personal data controller for the processing. When you use the App, the Customer having authorized your use is the personal data controller for the processing of your Personal Data (as defined below), and we are the personal data processor of the Customer, processing such data on behalf of and according to the instructions of said Customer. Nevertheless, we collect and process certain, limited, information, to the extent necessary for the functioning of the App and your use thereof, and in relation to this processing of Personal Data – we are the data controller.
Your privacy is important to us. This document contains a policy statement regarding the collection, use and processing of Personal Data within the App and your rights in relation to your Personal Data, as well as information about with whom we may share such information with.
With “Personal Data” we mean information which is directly or indirectly referable to a natural living person, e.g. name and address but also possibly, device ID, location data or IP addresses. We may collect the information set out below, which include your Personal Data.
The following Personal Data is collected and processed when you use the App:
a) username (that you choose yourself);
b) picture, video, footage and sound if you film yourself while using the App;
a) content that you share with other users while using the App, including the video feed you record; and
b) technical data, which may include your unique device ID, network and device performance and other information about your use of the App.
PURPOSES OF PROCESSING
The Customer that has authorized your use of the App processes the Personal Data for the purpose of carrying out activities involving remote guidance within field service. Use of the Personal Data collected for other purposes, if applicable, are to be communicated to you by each such Customer in their capacity of personal data controllers.
We will process the information set out above for the following purposes:
a) to administrate your account, to enable and provide the App and improve our solution for remote guidance (which include the App), and to otherwise fulfill our obligations with regard to the agreements entered into with our Customers;
b) to inform you about updates of the App or our EULA;
c) to improve and develop the App;
d) to ensure the technical functioning of the App and to prevent use of the App in breach of the EULA;
e) to enforce the EULA, including to protect our rights, property and safety and also the rights, property and safety of third parties if necessary; and
f) to fulfil requirements by law.
Please note that the Customer’s processing of your Personal Data may be based on other legal grounds than consent.
DISCLOSURE OF PERSONAL DATA
We may share and disclose your Personal Data to our sub-contractors within the EU/EEA.
Your user name may be disclosed to other users of the Services that you choose to connect with in the App.
RESPONDING TO LEGAL REQUESTS AND PREVENTING HARM
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or a subpoena or the like), or when necessary to detect, prevent and address fraud and other illegal activity, to protect ourselves, you and other users, including as part of investigations, if we have a good faith belief that the applicable law require us to do so.
This may include responding to legal requests from jurisdictions outside of the EU/EEA when we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
Information that we receive about you when you use our App, may be accessed, preserved and retained for an extended period of time when it is the subject of a legal request or obligation, government investigation, or investigations concerning possible violations of our EULA or policies, or otherwise to prevent harm.
SOME OTHER THINGS YOU NEED TO KNOW
Change of Control
Notice of changes
Your Privacy Rights under EU law
EU law permits residents of the Member States once per calendar year to request details about what Personal Data is stored with us, the source of the data and the identity of parties to whom the data has been provided free of charge, without indicating any reasons.
You can object to the use of your Personal Data at any time and revoke the consent to use your data that you provided upon your registration. Nevertheless, please note that the Customer’s processing of your Personal Data may be on other legal grounds than consent. In addition, you can request rectification, erasure or blocking at any time of any Personal Data that is inaccurate. However, if we are under legal obligation to save the data, such data can only be blocked.
To exercise the aforementioned rights in relation to us, or if you have any questions about our sharing practices, your rights under EU law, or wish to have your Personal Data removed, please contact us at the following address: XM Reality AB, Diskettgatan 11 B, 583 35 Linköping, Sweden. In order to ensure that you receive a swift response, please state in your letter your full name and, if applicable, your address, user name. Note that you should sign the request to receive information of the processing of your personal data yourself.