avatar3dcreator.com PLATFORM PRIVACY POLICY
Effective from November 1, 2021
- SCOPE OF POLICY
1.1. LOSMANIQUIES.COM SAC (“We”, “Us” and “Our”) is committed to protecting and respecting
your privacy. This privacy policy (“Privacy Policy”) sets out the basis on which any
personal data We collect from you, or that you provide to Us, will be processed by
Us. Please read the following carefully to understand Our views and practices
regarding your personal data and how We will treat it.
1.2. This Privacy Policy applies to your use of the Ready Player Me platform (“Platform”)
and any of the services accessible through the Platform (“Services”), including the
creation of the Avatar (“Avatar”).
1.3. Please take note that (depending on from where you access the Platform) the
Platform may be framed into one of Our partners’ web applications (“Partner” and
“Partner’s Application”). This Privacy Policy applies only to your use of the Platform
but not to usage of any of the services provided by the Partner (or any other third
party) and not to usage of the Avatar outside the Platform.
1.4. Please also bear in mind that this Privacy Policy applies only if We collect personal
data from you, i.e. if you use your selfie for creating the Avatar or give Us your e-
mail address (or provide Us any other personal data). If We do not collect your
personal data, then We do not process your personal data and therefore this Privacy
Policy does not apply.
1.5. This Privacy Policy is effective as of the date set forth above. We have the right to
unilaterally make amendments to this Privacy Policy. In such case the amended
Privacy Policy shall be uploaded and you will be notified of that once you launch the
Platform again.
- DATA CONTROLLER AND CONTACT INFORMATION
2.1. For the purpose of clarity, the data controller is LOSMANIQUIES.COM SAC registered at Lima, Peru (registry code: 20535026522).
2.2. If you have any questions, requests or suggestions about processing your personal
data, feel free to write an email at info@3davatar.com. - WHY AND WHAT CATEGORIES OF PERSONAL DATA IS PROCESSED
3.1. We collect and process your personal data for the following purposes:
a) providing the Services to you via the Platform, which mainly means the creation
of your Avatar;
b) communicating and providing customer support to you in relation to providing
you the Services (which also includes communicating with you as a potential
user before providing any Services, if you have so requested);
c) improving the Platform and the Avatar generation quality;
d) providing you information about updates to the Platform and to uses of the
Avatar;
2
e) enforcing and defending Our legal rights;
f) complying with legal or regulatory obligations or requests.
3.2. We may collect and process the following personal data:
a) information you give Us (“Submitted Information”): this is information
you give Us about you by filling in forms on the Platform, by corresponding with
Us (for example, by e-mail), and when you report a problem with the Platform
or the Services. If you contact us, We will keep a record of that correspondence.
The information you give Us may include your name and e-mail;
b) information We gather via the Platform (“Gathered Information”): this
is visual information that is gathered via the forward-facing camera of your
device, if you use selfie for creating the Avatar;
c) information from the cookies (“Cookie Information”): this is information
We automatically gather via cookies which help to make the use of the Platform
as smooth as possible for you and help Us to understand the preferences and
needs of the visitors of the Platform. Such information may include your
device’s IP address and country, other data about your device (screen
resolution, type, operating system, browser type), unique/online/device/client
identifiers, actions on the Platform, referring URL and domain, pages visited,
date and time when the Platform was accessed.
3.3. We process the following data for the following purposes:
a) for purpose stated above in clause 3.1.a) – Submitted Information, Gathered
Information and Cookie Information;
b) for purpose state above in clause 3.1.b) – Submitted Information;
c) for purpose stated above in clause 3.1.c) – Gathered Information and Cookie
Information;
d) for purpose stated above in clauses 3.1.d) – only your e-mail;
e) for purpose stated above in clause 3.1.e) – any of the categories of personal
data listed above (determined case-by-case according to the legal right We are
entitled to execute);
f) for purpose stated above in clause 3.1.f) – any of the categories of personal
data listed above (determined case-by-case according to the legal or regulatory
obligation or request We are subject to).
3.4. The provision of personal data by you is not a statutory requirement. It is also not a
contractual requirement nor a requirement necessary to use the Services where you
do not create an account at the Platform (“Account”). This means that you do not
have any obligation to give Us your personal data and you can use the Services
without giving Us any of your personal data. However, if you want to create the
Account, you must provide your e-mail address, this is a contractual requirement and
necessary for creating the Account (but creating the Account is voluntary). Also,
some functions of the Platform may be limited if personal data is not provided.
- LEGAL BASIS FOR PROCESSING PERSONAL DATA
3
4.1. We process your personal data because it is necessary for the fulfilment of a contract
concluded between you and Us for providing you the Services (see clauses 3.1.a) and
3.1.b)); or for taking steps at your request prior to entering into a contract (see
clause 3.1.b)). In such a case the legal basis for processing data is the contract
concluded between you and Us; or you request prior to entering into a contract.
4.2. We also process your personal data to improve the Platform and the Avatar
generation quality (see clause 3.1.c)). In this case the legal ground for processing
your personal data is your prior consent. If you do not give Us your consent We will
not process your personal data for that purpose. You may at any time withdraw your
consent by sending a respective notice to Our e-mail at info@3davatar.com.
Withdrawal of consent does not affect your right to use the Services and the Platform.
4.3. Furthermore, We process your personal data (i.e. use your e-mail address) for
sending you information about updates to the Platform and to uses of the Avatar (see
clause 3.1.d)). But We do it only in the case where you have given Us your e-mail
address. The legal basis for that is Our legitimate interest to keep you the in loop of
any advancements which the Platform may get (e.g. new customization options,
etc.), any news about the Platform and any new use cases for the Avatar. You always
have the possibility to unsubscribe from such e-mails by clicking on a link which is
provided under each e-mail. If you unsubscribe, We will no longer send you such e-
mails.
4.4. We also process your personal data for enforcing and defending Our legal rights under
legitimate interest pursued by Us (see clause 3.1.e)). It is Our legitimate interest to
enforce and defend Our legal rights as We see it necessary.
4.5. Also, We process personal data for complying with legal or regulatory obligations or
requests (see clause 3.1.f)) as processing is necessary for compliance with the legal
obligations to which We are subject to.
- DISLOSURE OF PERSONAL DATA
5.1. We will not disclose your personal data to third parties except for the following cases:
a) Cloud-server service provider(s). We transfer data to cloud servers where We
store all Our data, for example to Amazon servers in USA (Amazon Web
Services, Inc.). The standard contractual clauses established by the European
Commission are applied to the transfer and processing of the personal data.
b) Service providers. We transfer data to different service providers who provide
Us IT-services, including Platform’s analytics services which help Us to
understand users’ needs and to optimise the Services. For example, Hotjar Ltd
(registered in Malta, European Union; as a rule, data processed only in the EU);
Amplitude, Inc. (registered in US, California; Standard Contractual Clauses
adopted by the European Commission are applied to safeguard the data
processing); Google Analytics – Google LCC and its affiliates (Standard
Contractual Clauses adopted by the European Commission are applied to
safeguard the data processing).
c) Other group members. We have the right to disclose your personal information
to any member of Our group, which means Our subsidiaries and Our ultimate
holding company and its subsidiaries. Such transfer will only be done if it is
necessary for the provision of the Services to You.
d) Asset transfer parties. In the event that We sell or buy any business or assets,
in which case We will disclose your personal data to the prospective seller or
4
buyer of such business or assets. If LOSMANIQUIES.COM SAC or substantially all of its
assets are acquired by a third party, in which case personal data held by it
about its customers will be one of the transferred assets.
e) Legal authorities, institutions and other parties under law. If We are under a
duty to disclose or share your personal data in order to comply with any legal
or regulatory obligation or request. In order to:
i. investigate potential breaches; or
ii. protect the rights, property or safety of Our customers, or others. This
includes exchanging information with other companies and organisations
for the purposes of fraud protection and credit risk reduction.
5.2. Where We do share your information with third parties, We will require such third
parties to comply with this Privacy Policy and maintain appropriate security to protect
your information from unauthorised access or processing, unless We have no ability
to do so (for example, where We are sharing information with regulatory authorities
or courts).
- ADDITIONAL INFORMATION YOU SHOULD KNOW ABOUT THIRD PARTIES
6.1. Our Platform may, from time to time, contain links to and from the websites of Our
partner networks, advertisers and affiliates (including, but not limited to, websites
on which the Platform is advertised).
6.2. If you follow a link to any of these websites, please note that these websites and any
services that may be accessible through them have their own privacy policies and
that We do not accept any responsibility or liability for these policies or for any
personal data that may be collected through these websites or services, such as
contact and location data. Please check these policies before you submit any personal
data to these websites or use these services. - HOW LONG PERSONAL DATA IS STORED
7.1. We only store your personal data as long as it is necessary to fulfil the purpose for
which it is processed – once the purpose has ceased, the personal data will be erased
or anonymised.
7.2. Your personal data will be stored:
a) if you have registered the Account, then up to 30 days after deletion of the
Account or where you do not have the Account, then up to 3 years after the
last time We provided the Services to you (e.g. 3 years since you created the
Avatar or modified the Avatar, whichever happens later) where We process your
personal data regarding the provision of the Services (see clause 3.1.a);
b) if you have registered the Account, then up to 30 days after deletion of the
Account or where you do not have the Account, then up to 3 years after the
last contact with you, where We processes your personal data regarding
communicating and providing customer support (see clause 3.1.b));
c) until you withdraw your consent, where We process your personal data for
improving the Platform and generation of the Avatar or, if personal data is
collected with cookies, then until cookies are deleted, or as otherwise stated in
Our Cookie Policy https://readyplayer.me/cookies (see clause 3.1.c);
5
d) up to 30 days after deletion of the Account or when you unsubscribe from Our
e-mails (whichever happens earlier), where We process your personal data for
providing you information about updates to the Platform and to uses of the
Avatar (see clause 3.1.d));
e) if you have registered the Account, then up to 3 days after deletion of the
Account or where you do not have the Account, then up to 3 years after the
last time We provided the Services to you, where We process your personal
data regarding enforcing and defending Our legal rights (see clause 3.1.e));
f) if you have registered the Account, then up to 3 days after deletion of the
Account or where you do not have the Account, then up to 3 years after the
last time We provided the Services to you, where We process your personal
data regarding complying with legal or regulatory obligations or requests (see
clause 3.1.f)).
7.3. Personal data contained in any accounting documents shall be stored for 7 years from
the end of the last financial year they relate to.
- YOUR RIGHTS
8.1. You have the right to contact Us by writing an e-mail at info@3davatar.com to exercise
your rights concerning processing of personal data. Such rights include the:
a) right to request access of personal data;
b) right to request rectification of personal data – if the data We hold about you is
inaccurate or incomplete;
c) right to request erasure of personal data – if We do not have a legal reason to
continue to process and store it;
d) right to request restriction of processing of personal data;
e) right to object to processing of personal data;
f) right to request portability of personal data, i.e. to obtain and reuse your
personal data for your own purposes;
g) right that decisions are not taken concerning you which are based on automated
decision-making;
h) right to withdraw a consent at any time;
i) right to lodge a complaint with a supervisory authority (Lima, Peru). - CHILDREN’S PRIVACY
9.1. You must be at least 16 years old to use this Platform.
9.2. Where any personal data provided by you contain the personal data of children under
the age of 16 years, you acknowledge that you must have obtained the consent of
the child’s parent or guardian prior to posting or creating such information using the
Platform.
6
9.3. In the event that We learn that your any personal data contains the personal data of
a child under the age of 16 years, We reserve the right to remove and delete the
information without your consent or prior notice to you. If you believe that any
information appearing on the Platform contains the personal data of a child under 16
years, please contact Us at info@3davatar.com.
We collect your public profile data only from your consent that you grant before initiating Social Login, from the social network used to login at our website. This data includes your first name, last name, email address, link to your social media profile, unique identifier, link to social profile avatar. This data is used to create your user profile at our website. You can revoke this consent at any time from your profile page at our website or by sending us an email.
We embed Facebook Comments plugin to allow you to leave comment at our website using your Facebook account. This plugin may collect your IP address, your web browser User Agent, store and retrieve cookies on your browser, embed additional tracking, and monitor your interaction with the commenting interface, including correlating your Facebook account with whatever action you take within the interface (such as “liking” someone’s comment, replying to other comments), if you are logged into Facebook. For more information about how this data may be used, please see Facebook’s data privacy policy: https://www.facebook.com/about/privacy/update
We embed a Facebook widget to allow you to see number of likes/shares/recommends and “like/share/recommend” our webpages. This widget may collect your IP address, your web browser User Agent, store and retrieve cookies on your browser, embed additional tracking, and monitor your interaction with the widget, including correlating your Facebook account with whatever action you take within the widget (such as “liking/sharing/recommending” our webpage), if you are logged in to Facebook. For more information about how this data may be used, please see Facebook’s data privacy policy: https://www.facebook.com/about/privacy/update