Privacy Policy

1. INTRODUCTION

(a) Maintaining the privacy of your information is of paramount importance to us as it helps foster confidence, goodwill and stronger relationships with you, our customers. If, at any time, you have questions or concerns about our privacy practices, please feel free contact us at help@Pixaera.com.

(b) Pixaera Inc. (“PIXAERA”) provides health and safety training using virtual reality headsets and software (the “Service”), which includes the Pixaera website (the “Site”) and the Pixaera mobile application (the “Application”) (henceforth, collectively, the “Service”). Pixaera is offered to you conditioned on your acceptance without modification of our Privacy Policy.

(c) The Privacy Policy goes hand-in-hand with our Terms of Use, which govern all use of the Service and can be found at: https://pixaera.com/terms-conditions Please read them together. BY USING THIS SERVICE, YOU AGREE TO THIS PRIVACY STATEMENT. IF YOU DO NOT AGREE TO THIS PRIVACY STATEMENT, DO NOT USE THE SERVICE.

(d) THE SERVICE MAY COLLECT INFORMATION THAT PERSONALLY IDENTIFIES YOU ("PERSONALLY IDENTIFIABLE INFORMATION" AND/OR “PERSONAL INFORMATION”) AS DEFINED IN THE CODE OF FEDERAL REGULATIONS (2 CFR 200.79). "Personal Information" includes (but is not limited to) the following categories of information: (1) contact data (such as your e-mail address and phone number); (2) demographic data (such as your gender, your date of birth and your zip code); (3) insurance data (such as your insurance carrier, insurance plan, member ID, group ID and payer ID); (4) any health information you choose to share with us; and (5) other identifying information that you voluntarily choose to provide to us, including without limitation unique identifiers such as passwords, and Personal Information in emails or letters that you send to us. Note that it is not currently required that you provide any Personal Information when using the Service. The Service will identify you by creating an anonymous identifier associated with your mobile device or home computer.

(e) Pixaera is the responsible party or data controller regarding Personal Information collected through our Service. If you have any questions or concerns at any time about your data, privacy, or our terms of use, please email us at help@Pixaera.com.

2. PRIVACY STATEMENT

2.1 This Privacy Policy explains how we collect, use, maintain and disclose your Information. This includes information that could be used to identify a specific User, including all Personally Identifiable Information and Personal Information (collectively, the “Personal Information”), and other information that does not constitute Personal Information (“Non-Personal Information”) that is collected from you while using our Service. We take the privacy of your Personal Information seriously. All members of Pixaera’s workforce who have access to your Personal Information are required to follow this policy, as amended, effective February 24, 2020

3. PURPOSE OF OUR POLICY

3.1 We adopted this Privacy Policy to ensure that we have standards in place to protect the Personal and Non-Personal Information that we may collect from you. Collecting your Personal Information may be necessary for providing our Service, and is a consequence of the normal operations of our business. We published this Privacy Policy to make it easy for you to understand what the Personal and Non-Personal Information we collect and store, why we do so, how we receive and/or obtain that information, and the rights you have over your Personal and Non-Personal Information in our possession.

4. CONSENT

4.1 When you use our Service or allow someone to use our Service on your behalf, you consent to our collection, use, disclosure, transfer and storage/retention of any the Personal and Non-Personal Information or other information received by us as a result of your use, all in accordance with this Privacy Policy.

5. A NOTE ABOUT CHILDREN

5.1 You must be 18 years of age to use the Service If you have reason to believe that a child under the age of 13 has used our Service and provided Personal Information to us, please contact us, and we will work to delete that information from our databases. We are not liable for any damages that may result from a visitor’s misrepresentation of age.

6. THE INFORMATION WE COLLECT

6.1 In the course of business, it may be necessary for us to collect Personal and Non-Personal Information. This information allows us to identify who an individual is for the purposes of our business, contact the individual in the ordinary course of business and transact with the individual. We require this information in order to verify the identity of our Users, to protect our customers, and to ensure the integrity of the Service.

6.2 We will collect Personal Information from you only if you, or an authorized individual, whom you have authorized to share data about you (the “Authorized Agents”) voluntarily submit such information to us. You and/or the Authorized Agent can refuse to supply Personal Information, except that it may prevent you from engaging in certain mobile application and website-related activities or accessing parts of the Service.

6.3 Without limitation, the types of information we may collect are:

(a) Aggregated Data. So that we can continually improve our Service, we may aggregate data about our users’ behaviors on the Service. Since this aggregate information does not identify you personally, it is considered and treated as Non-Personal Information under this Privacy Policy;

(b) Contact Information. We may collect information like your email address in order to respond to support requests or other queries and which is considered Personal Information under California Law;

(c) Financial Information. We may collect financial information related to an individual such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our Service;

(d) Personal Information. We may collect personal details such as your name, location, and other information defined as “Personal Information” that allows us to identify who you are. We may utilize this information in order to adapt our Service to Users’ needs or to develop new tools for the community. We also collect user activity, movement, interactions, decisions, the services they use and how they use them";

(e) Sensitive Personal Information. We do not intentionally collect sensitive personal information such as your race or ethnicity, your political opinions, religious beliefs, membership in a trade union, physical or mental health condition, sexual orientation, or criminal offenses. If you send us sensitive personal information, we will delete it unless you provide your specific consent to having us include it your account, as it will be processed with the rest of your personal information.

(f) Social Media Information. We may collect twitter, Facebook or other social media Usernames if you connect to these social networks through the Service;

(g) Statistical Information. We may collect information about an individual’s online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes;

(h) User Activity. We collect personalized data on user activity in our virtual reality training programs including, without limitation, your movements, interactions, decisions, and the services you use and how you use them.

(i) Other Information. We may collect other Personal Information about you, which we will maintain according to this Privacy Policy. We may also collect non-Personally Identifiable Information about you such as information about your network, device, or operating system. Finally, we may collect any personal correspondence that you send us, or that is sent to us by others about an individual’s activities.

7. HOW INFORMATION IS COLLECTED

7.1. Most information is collected in association with your use of the Service. In particular, information is likely to be collected as follows:

(a) Account. When you open an account (the “Account”) on the application and submit your personal details, or when you enter Personal Information details through another process in order to receive or access something.

(b) Contact. When you contact us in any way.

(c) Cookies & Similar Technologies. When you use the Application, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use our Service, and to provide features to you. We use cookies to make your use of our website, mobile application and Service as convenient as possible. Cookies are useful to estimate our number of visitors and to determine overall traffic patterns through our website and mobile application. If you do not wish to receive any cookies you may set your Mobile browser to refuse cookies. This may mean you will not be able to take full advantage of the Service.

(d) Flash LSOs. When we post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies.

(e) Google Analytics. We use Google Analytics to help analyze how users use the Service. Google Analytics uses Cookies to collect information such as how often users visit the Service, what pages they visit, and what other websites they used prior to coming to the Service. We use the information we get from Google Analytics only to improve our Service. Google Analytics collects only the IP address assigned to you on the date you visit the Service, rather than your name or other personally identifying information. We do not combine the information generated through the use of Google Analytics with your Personal Information. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Service, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Service is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

(f) Log files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Service, track users’ movements around the Service, gather demographic information about our user base as a whole, and better tailor our Service to our users’ needs. For example, some of the information may be collected so that when you visit the Service again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Information.

(g) Marketing and Web Surveys. From time to time, we may conduct online research surveys through email invitations, pop-up surveys and online focus groups. When participating in a survey, we may ask you to enter Personal Information. The Personal Information you submit in a survey may be used by us for research and measurement purposes, as described below, including to measure the effectiveness of content, advertising or programs. When our market research surveys collect Personal Information we will not knowingly accept participants who are under the age of 13.

(h) Payment. When an individual submits their details to open a payment account or make a payment.

(i) Public Forums. Pixaera may feature public forums where users with similar issues, interests, or conditions can share information and support one another or where users can post questions for experts to answer. Our forums are open to the public and should not be considered private. Any information (including Personal Information) you share in any online forum is by design open to the public and is not private. You should think carefully before posting any Personal Information in any public forum. What you post can be seen, disclosed to or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. As with any public forum on any website, the information you post may also show up in third-party search engines. If you mistakenly post Personal Information in our Public Forums and would like it removed, you can send us an email to request that we remove it by using the Contact Us link. In some cases, we may not be able to remove your Personal Information.

(j) Uploads. When you upload or generate user content, such as photos, videos, text, comments, using our Service.

(k) Social Media Features. Our Service may include social media features, such as the Facebook Like button. These features may collect your IP address and which page you are visiting on our Service, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our Service. Your interactions with these features are governed by the privacy policy of the company providing them.

(l) Phishing. It has become increasingly common for unauthorized individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the website requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity is known as “phishing”. If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your password or credit card information) via e-mail or to a website that does not seem to be affiliated with us, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us at help@Pixaera.com.

(m) Third Party Links. Our Service may contain links to third party websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. If you submit personal information to any of those websites, your information is governed by their privacy policies. Other websites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites and mobile applications you visit. This Privacy Policy does not apply to information collected on external websites that may be linked to or through the Service.

7.2. We understand that there are many circumstances in which we may collect information, and we work hard to ensure that you are always aware when your Personal Information is being collected.

8. THE SAFETY & SECURITY OF PERSONAL INFORMATION

8.1. Data Hosting. We are committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we use reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security.

8.2. Legal Basis. We only process personal data where we have a legal basis for doing so. We review the personal data we hold on a regular basis to ensure it is being lawfully processed. Before transferring personal data to any third party (e.g. suppliers, partners and back office support), we establish that there is a legal reason for making the transfer, which may include your consent.

8.3. Data Retention. We will only retain your personal data for as long as necessary to fulfill the purposes for which we collected it, including satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means, and the applicable legal requirements.

8.4. Third Party Use. We are not responsible for the privacy or security practices of any third party; this includes third parties to whom we are permitted to disclose your Personal Information in accordance with this policy or any applicable laws. The collection and use of your information by these third parties may be subject to separate privacy and security policies. We cannot control and are not responsible for the privacy and security of your Personal Information once it is provided to a third party by you or in accordance with your requests or directions.

8.5. Unauthorized Access. If you suspect any misuse, loss of, or unauthorized access to your Personal Information, you should let us know immediately at help@Pixaera.com.

8.6. Authorized Use. We are not liable for any loss, damage, or claim arising out of another person’s use of the Personal Information where we were authorized to provide that person with the Personal Information.

8.7. Data Sent to Us. From time to time, you may send Personal Information to us electronically. The transmission of information via the Internet is not completely secure. Therefore, we cannot guarantee the security of the data sent to us electronically and transmission of the data is entirely at your own risk.

9. WHEN WE CONTACT USERS

9.1. Service Announcements. On rare occasions it is necessary to send out a strictly Service related announcement. For instance, if our Service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their Account. However, these communications are not promotional in nature.

9.2. Customer Service. We communicate with users on a regular basis to provide requested Service and in regards to issues relating to their Account.

10. WHEN PERSONAL INFORMATION IS USED & DISCLOSED

10.1. Time Period. We may retain your Personal Information and Non-Personal Information as long as you continue to use our Service. You may close your Account by contacting us, but we may retain Personal or Non-Personal Information for an additional period as is permitted or required under applicable laws. Even after we delete your Personal Information, it may persist on backup or archival media for an additional period of time.

10.2. Agents, Consultants, and Trusted Third Parties. Like many businesses, we sometimes have companies perform certain business-related functions for us. These companies include our marketing agencies, database service providers, backup and disaster recovery service providers, email service providers, and others. When we engage another company, we may provide them with information including Personal Information, so they can perform their designated functions. They are not permitted to use your Personal Information for other purposes.

10.3. Business Operations. Your information is used to operate our business. These business operations may include:

(a) The provision of Service between you and us;

(b) Verifying your identity;

(c) Communicating with you about:

1. Your relationship with us;

2. Our goods and services;

3. Our own marketing and promotions to users and prospects;

4. Competitions, surveys and questionnaires.

10.4. Corporate Restructuring. We may share some or all of your Personal Information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

10.5. IP Address. We use your IP address to help diagnose problems with our server, and to administer our Service. We do not link your IP address which accesses our Service to any Personal Information. We use tracking information to determine which areas our users visit based on traffic to those areas. Pixaera does not track what individual users read, but rather how often each page is visited. This helps us maintain a superior and informative website for you.

10.6. Improve Customer Service. Information you provide helps us respond to your customer service requests and to support your needs more efficiently.

10.7. Payments. We may use the information Users provide about themselves when placing an order only to provide Service to that order. We do not share this information with outside parties except to the extent necessary to provide the Service.

10.8. Personalize Your Experience. We may use information in the aggregate to understand how our Users as a group use the Service.

10.9. Public Profile. Certain portions of the information you provide to us may also be displayed in your Profile. As an essential element of the Service, some of the Personal Information you explicitly provide to us when you register or update your Profile is displayed on your Profile. Once you have posted information publicly, while you will still be able to edit and delete it on the Service, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).

10.10. Service Improvement. We may use feedback you provide to improve our products and Service.

10.11. Social Networking Services (SNSs). Our Service may enable you to post content to SNSs. If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those SNSs and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for:

(i) the availability or accuracy of such SNSs;

(ii) the content, products or services on or availability of such SNSs; or

(iii) your use of any such SNSs.

10.12. User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with our Service. We occasionally publish such content. When we publish this content, we may identify our users by their first and last name and may also indicate their home city. We obtain the user’s consent prior to posting his or her name along with the testimonial. In addition, we may post user feedback on the Service from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting your full name with your feedback. If you make any comments on a blog or forum associated with your Service, you should be aware that any Personal Information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in these blogs and forums.

10.13. Disclosure. There are a few circumstances where we must disclose an individual’s information:

(a) Where we reasonably believe that an individual may be engaged in fraudulent, deceptive, or unlawful activity that a governmental authority should know about, or to enforce our Terms of Use and investigate potential violations of the Terms of Use;

(b) In response to lawful requests by public authorities, including to meet national security or law enforcement requirements;

(c) To protect our rights, property, or personal safety or those of another user or any member of the public;

(d) As required by any law;

(e) In the event we sell our business and may need to transfer Personal

Information to a new owner; or

(f) In special cases, such as in response to a physical threat to you or others.

PIXAERA does not make your Personal Information available to third parties for their marketing purposes without your consent.

10.14. Non-Disclosure. Other than as described herein, we promise not to disclose or sell your Personal Information to unrelated third parties under any circumstances, ever. We do not sell, trade, or rent your Personal Information to others.

11. INDIVIDUALS OUTSIDE OF THE EUROPEAN UNION

11.1. Accessing Account Information. We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may review this information by sending an email to Pixaera: help@Pixaera.com.

11.2. Record of data transfer. Pixaera will provide the right to request and receive, once a year and free of charge, information about third parties to whom we have disclosed certain types of personal information (if any) about you for our direct marketing purposes in the prior calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to Pixaera and please include the phrase “personal information privacy request” in the subject line, the domain name of the website you are inquiring about, along with your name, address, and email address. At our option, we may respond to such requests by providing instructions about how our users can exercise their options to prevent our disclosure of personal information to third parties for their direct marketing purposes.

11.3. California Online Privacy Protection Act. As required by the California Online Privacy Protection Act (“California Act”) and the California Business and Professions Code, this Privacy Policy identifies the categories of personally identifiable information (as that term is defined above and in the California Act) that we collect through our Service about individual consumers who use or visit our Site, APP or Service and the categories of third-party persons or entities with whom such personally identifiable information may be shared. See more about the California Act at http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

11.4. California Consumer Privacy Act of 2018 (CCPA). You have the right to request, twice a year and free of charge, certain information about parties to whom we have disclosed or sold your personal information in the prior calendar year and a description of the categories of personal information shared. Additionally, upon request, twice a year and free of charge, we shall provide to you any information relating to your personal information and our processing of your personal information in a concise, transparent, intelligible, and easily accessible form using clear and plain language. The information shall be provided in writing or by other means within 45 days of a written request. To make such a request, please send an email to Pixaera at help@Pixaera.com and please include the phrase “Personal Information Privacy Request” in the subject line, the domain name of the website you are inquiring about, along with your name, address and email address. You can also ask us to erase your personal data stored on our platform. If we receive a request to erase your data, we will ask you if you want your personal information to be removed entirely or if you want to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). We cannot keep a record of individuals whose personal information we have erased so if we come into possession of your personal information again at a later date, you may be contacted again by us. Pixaera has collected, will collect, and has disclosed the personal information described in the categories above during the last year for business purposes; however, Pixaera does not sell your personal information. If you exercise your rights under the CCPA, Pixaera will not discriminate against you.

12. HOW TO UPDATE INFORMATION

12.1. Your information can be updated by you in the Service. For any question on how to do it or if you have issues in doing so, please contact us at help@Pixaera.com. It is your responsibility to provide us with accurate and truthful information. We cannot be liable for any information that is provided to us that is incorrect.

13. YOUR CHOICES REGARDING INFORMATION

13.1. Email Communications. We will periodically send you free newsletters and e-mails that directly promote the use of our Service. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you Service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

13.2. Cookies. If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below.

13.3. De-Linking SNS. If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook) linked to your Account, then you may de-link the SNS account in the “preferences” section in your Account settings. You may also manage the sharing of certain Personal Information with us when you connect with us through an SNS, such as through Facebook Connect. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Service and your social media account or mobile device.

13.4. Changing or Deleting your Personal Information. You may change any of your Personal Information in your Account by editing your profile within your Account or by sending an e-mail to us at help@Pixaera.com. You may request deletion of your Personal Information by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes.

14. COMPLAINTS AND DISPUTES

14.1. If you have a complaint about our handling of your Personal Information, address your complaint in writing to help@Pixaera.com.

14.2. If we have a dispute over handling of your Personal Information, we will first attempt to resolve the issue directly between us.

14.3. If we become aware of any unauthorized access to your Personal Information we will inform you at the earliest practical opportunity, once we have established what was accessed and how it was accessed.

15. INTERNATIONAL PRIVACY LAWS

15.1. This Service is intended for use only in the United States. If you are visiting the Service from outside the United States, please be aware that you may be sending information (including Personal Information) to the United States or, where some of our servers are located. That information may then be transferred within the United States or back out of the United States, depending on the type of information and how it is stored by us. We hold and process your Personal Information in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be less protective than, the privacy laws in your country, and while in the United States Personal Information may be subject to lawful access requests by government agencies.

16. EUROPEAN USERS