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Last updated: December 6, 2022

This Privacy Statement describes the personal data we collect and/orprocess (which may include collecting, organizing, structuring, storing, using,or disclosing) to provide products and services offered directly by Omnivor,Inc. (“Forma Vision”), including Forma Vision’s websites,its holographic videostreaming cloud service, holographic content production applications (“FormaStudio”, “Forma Workspace''), playback application(“Forma 3DPlayer”), andclient applications (“Forma Vision”). These various products and services arereferred to in this Privacy Statement as the “Service” or the Forma Visionproduct.  Client applications include device-specific Forma Studioapplications(including but not limited to WebAR, Meta Quest 2, Meta Quest Pro,Magic Leap 1, Magic Leap 2,Nreal Light, Windows, LINUX). For clarity, “OmnivorInc '' is the legal business entity name whereas “Forma Vision '' is a theentities copyrighted publicly used named for marketing activation, publicrelations, etc.

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What Personal Data Do We Receive?

The data that we regularly collect about visitors to the Website andthrough the use of our applications (“Forma Studio”, “Forma Desktop''),playback application(“Forma 3D Player”), and client applications (“FormaVision”) (e.g., IP address, browser type, pages accessed, duration of visit,etc.) does not necessarily enable us to personally identify you, and that isnot our intention.  We do collect personally identifiable informationabout you, such as your name and phone number, when you voluntarily provide itby registering with us or using our products.  Providing additionalinformation is optional. To facilitate your use of the Service, we mayautomatically collect certain types of information when you access or use theService.  In order to collect this data, Forma Vision may utilizeautomated tools and files such as “cookies.”  These automated tools andfiles may reside on our servers or on your computer or device. If you restrictour ability to use automated tools and files, your ability to access and useall or part of the Service may be limited or disabled completely.

We may collect, or process on behalf of our customers, the followingcategories of personal data when you use or interact with the Forma Visionwebsite as a consequence of filling out and submitting a “Contact Us” form.Similarly, any technical support requests by our users may result in thecollection of similar data types:

●     Your name

●     Your email address

●     Your phone number

●     Communications with Forma Vision:Information about your communications with Forma Vision, including relating tosupport questions and other inquiries.

How Do We Use Personal Data?

Forma Vision uses your personally identifiable information primarily toprovide you with our products and services and to provide customized contentthrough the products and services that is of interest to you.  Theinformation is also used to verify your authority to access the products and tocontact you when reasonably necessary.  Forma Vision may also use anyinformation you have provided as reasonably necessary to administer or providecustomer support for Service, and to provide you with periodic printed ore-mailcommunications about new products and services, discounts, special promotionsor upcoming events.  You may opt-out of receiving some or all non-servicerelated communications by updating your profile on the Service.  Also,your full name and email address may be used when you use the service to send amessage to another user. Additionally, we may use your email address to contactyou on behalf of others on the Service (such as if another user sends you amessage).

Controlling Your PersonalInformation

The Forma Vision Service enable users to participate ingroup meetings,streams or other broadcasts. You should be aware that when you voluntarilydisclose personal information in a meeting, stream or broadcast, thatinformation will be available to other participants in that meeting orrecipients of that stream or broadcast, and that Forma Vision does not controlthe actions of such third parties.  Please do not post or disclose anypersonal information in these public forums that you expect to keep private.

How is Personal Data shared?

Forma Vision provides personal data to third parties only with consent orin one of the following circumstances (subject to your prior consent whererequired under applicable law):

●     For Legal Reasons: Forma Vision may sharepersonal data as needed to: (1) comply with applicable law or respond to,investigate, or participate in valid legal process and proceedings, includingfrom law enforcement or government agencies; (2) enforce or investigatepotential violations of its Terms of Service or policies; (3) detect, prevent,or investigate potential fraud, abuse, or safety and security concerns,including threats to the public; (4) meet our corporate and socialresponsibility commitments; (5) protect our and our customers’ rights andproperty; and (6) resolve disputes and enforce agreements.

●     Operation of the Services: Forma Visionmay contract with various third parties who help us provide and maintain theService.  For example, we use a third party to process payments made tous, and may subcontract out production, fulfillment, or other operations. Inthese cases, we will use commercially reasonable efforts to prevent such thirdparties from disclosing your personal information, except for the purpose ofproviding the services in question.  

●     Through the Service.  Additionally,as part of the service, Forma Vision will make your profile information andcontributions in meetings, streams or broadcasts to the other users in thosemeetings, streams or broadcasts.

●     Change of Control: We may share personaldata with actual or prospective acquirers, their representatives and otherrelevant participants in, or during negotiations of, any sale, merger,acquisition, restructuring, or change in control involving all or a portion ofForma Vision’s business or assets, including in connection with bankruptcy orsimilar proceedings.

Privacy Rights and Choices

If you are in the European Economic Area (EEA), Switzerland,or the UK, ora resident of California, please refer to the respective dedicated sectionsbelow. Otherwise, at your request, and as required by applicable law, we will:

●     Inform you of what personal data we haveabout you that is under our control;

●     Amend or correct such personal data or anyprevious privacy preferences you selected, or direct you to applicabletools;and/or

●     Delete such personal data or direct you toapplicable tools.

In order to exercise any of your rights as to personal data controlled byForma Vision, please admin@formavision.io. Where legally permitted, we maydecline to process requests that are unreasonably repetitive or systematic,require disproportionate technical effort, or jeopardize the privacy of others.As an account owner or a user under a licensed account, you may also take stepsto affect your personal data by visiting your account and modifying yourpersonal data directly.

Security

We value your trust in providing us your Personal Data, thus we arestriving to use commercially acceptable means of protecting it. But rememberthat no method of transmission over the internet, or method of electronicstorage is 100% secure and reliable, and we cannot guarantee its absolutesecurity.

Children

Forma Vision’s Service is not intended for anyone under the age of 18. Wedo not knowingly collect personally identifiable information from childrenunder 18. In the case we discover that a child under 18 has provided us withpersonal information, we immediately delete this from our servers. If you are aparent or guardian and you are aware that your child has provided us withpersonal information, please contact us so that we will be able to do necessaryactions.

How to Contact Us

To exercise your rights, please send an email toadmin@formavision.io. Ifyou have any privacy-related questions or comments related to this PrivacyStatement, please send an email to admin@formavision.io.

Right to Know and Delete

You have the right to delete the personal informationwe have collectedfrom you and know certain information about our datapractices in the preceding12 months. In particular, you have the right torequest the following from us:

●     The categories of personal information wehave collected about you;

●     The categories of sources from whichthepersonal information was collected;

●     The categories of personal informationabout youwe disclosed for a business purpose or sold;

●     The categories of third parties to whomthepersonal information was disclosed for a business purpose or sold;

●     The business or commercial purposeforcollecting or selling the personal information; and

●     The specific pieces of personalinformation wehave collected about you.

To exercise any of these rights, contact us at admin@formavision.io. Inthe request, please specify which right you are seeking to exercise and thescope of the request. We will confirm receipt of your request within 10 days.We may require specific information from you to help us verify your identityand process your request. If we are unable to verify your identity, we may denyyour requests to know or delete.

European Data ProtectionSpecificInformation

Data Subjects Rights

If you are in the EEA, Switzerland, or the UK, your rights in relation toyour personal data processed by us as a controller specifically include:

●     Right of access and/or portability: Youhave the right to access any personal data that we hold about you and, in somecircumstances, have that data provided to you so that you can provide or “port”that data to another provider;

●     Right of erasure: In certaincircumstances, you have the right to the erasure of personal data that we holdabout you (for example, if it is no longer necessary for the purposes for whichit was originally collected);

●     Right to object to processing: In certaincircumstances, you have the right to request that we stop processing yourpersonal data and/or stop sending you marketing communications;

●     Right to rectification: You have the rightto require us to correct any inaccurate or incomplete personal data;

●     Right to restrict processing: You have theright to request that we restrict processing of your personal data in certaincircumstances (for example, where you believe that the personal data we holdabout you is not accurate or lawfully held).

To exercise your rights, please click here. If you have any otherquestions about our use of your personal data, please send a request at thecontact details specified in the How to Contact Us section of this PrivacyStatement. Please note that we may request you to provide us with additionalinformation in order to confirm your identity and ensure that you are entitledto access the relevant personal data.

You also have the right to lodge a complaint to a dataprotectionauthority. For more information, please contact your local dataprotectionauthority.

Legal Basis for Processing Personal Data

We only use your information in a lawful, transparent, and fair manner.Depending on the specific personal data concerned and the factual context, whenForma Vision processes personal data as a controller for individuals in regionssuch as the EEA, Switzerland, and the UK, we rely on the following legal basesas applicable in your jurisdiction:

●     As necessary for our contract: When weenter into a contract directly with you, we process your personal data on thebasis of our contract in order to prepare and enter into the contract, as wellas to perform and manage our contract (i.e., providing Forma Vision products,features and services to account owners, their users, and those they invite tojoin meetings, streams and broadcasts hosted on their accounts, and manage ourrelationship and contract, including billing, compliance with contractual obligations,and related administration). If we do not process your personal data for thesepurposes, we may not be able to provide you with all products, features, andservices;

●     Consistent with specific revocableconsents: We rely on your prior consent in order to utilize cookies to engageadvertising and analytics partners to deliver tailored advertising and analysisof our website usage. You have the right to withdraw your consent at any timeby visiting our cookie management tool, available Cookies Settings;

●     As necessary to comply with our legalobligations: We process your personal data to comply with the legal obligationsto which we are subject for the purposes of compliance with EEA laws,regulations, codes of practice, guidelines, or rules applicable to us, and forresponses to requests from, and other communications with, competent EEApublic, governmental, judicial, or other regulatory authorities. This includesdetecting, investigating, preventing, and stopping fraudulent,harmful,unauthorized, or illegal activity (“fraud and abuse detection”) andcompliance with privacy laws;

●     To protect your vital interests or thoseof others: We process certain personal data in order to protect vital interestsfor the purpose of detecting and preventing illicit activities that impactvital interests and public safety, including child sexual abuse material; and

●     As necessary for our (or others’)legitimate interests, unless those interests are overridden by your interestsor fundamental rights and freedoms, which require protection of personal data:We process your personal data based on such legitimate interests to (i) enterand perform the contract with the account
owner and/or reseller providing you with the products and services (whichincludes billing, compliance with contractual obligations, and relatedadministration and support); (ii) develop, test, and improve our products andservices and troubleshoot products and services; (iii) ensure authentication,integrity, security, and safety of accounts, activity, and products andservices, including detect and prevent malicious conduct and violations of ourterms and policies, prevent or investigate bad or unsafe experiences, andaddress security threats; (iv) send marketing communications, advertising, andpromotions related to the products and services; and (v) comply with non-EEAlaws, regulations, codes of practice, guidelines, or rules applicable to us andrespond to requests from, and other communications with, competent non-EEApublic, governmental, judicial, or other regulatory authorities, as well asmeet our corporate and social responsibility commitments, protect our rightsand property and the ones of our customers, resolve disputes, and enforceagreements.

International Data Transfers

Forma Vision operates globally, which means personal data may betransferred, stored (for example, in a data center), and processed outside ofthe country or region where it was initially collected where Forma Vision orits service providers have customers or facilities – including in countrieswhere meeting participants or account owners hosting meetings, streams orbroadcasts that you participate in or receiving messages that you send arebased.

Therefore, by using the Forma Vision Service or providing personal datafor any of the purposes stated above, you acknowledge that your personal datamay be transferred to or stored in the United States where we are established,as well as in other countries outside of the EEA, Switzerland, and the UK. Suchcountries may have data protection rules that are different and less protectivethan those of your country.

We protect your personal data in accordance with this Privacy Statementwherever it is processed and take appropriate contractual or other steps toprotect it under applicable laws. Where personal data of users in the EEA,Switzerland, or the UK is being transferred to a recipient located in a countryoutside the EEA, Switzerland, or the UK which has not been recognized as havingan adequate level of data protection, we ensure that the transfer is governedby the European Commission’s standard contractual clauses. Please contact us ifyou would like further information in that respect.

Our EU Representative:

Under Article 27 of the GDPR, we have appointed an EURepresentative toact as our data protection agent. Our nominated EURepresentative is:

Instant EU GDPR Representative Ltd.

Adam Brogden contact@gdprlocal.com

Tel +35315549700

INSTANT EU GDPR REPRESENTATIVE LTD

Office 2,

12A Lower Main Street, Lucan Co. Dublin

K78 X5P8

Ireland

California Privacy Rights

California Consumer Privacy Act

Under the California Consumer Privacy Act of 2018 (CCPA),Californiaresidents may have a right to:

●     Access the categories and specific piecesof personal data Forma Vision has collected, the categories of sources fromwhich the personal data is collected, the business purpose(s) for collectingthe personal data, and the categories of third parties with whom Forma Visionhas shared personal data;

●     Delete personal data under certaincircumstances; and

●     Opt out of the “sale” of personal data. Wedo not sell your personal data in the conventional sense. However, like manycompanies, we use advertising services that try to tailor online ads to yourinterests based on information collected via cookies and similar technologiesabout your online activity. This is called interest-based advertising. TheCCPA’s statutory definition of the term “sale” is broad and may includeinterest-based advertising.

Forma Vision will not discriminate against you for exercising any ofthese rights, which is further in line with your rights under the CCPA.

To exercise your rights, please click here or call +1-888-834-9544. Toopt out of the use of cookies on our sites for interest-based advertisingpurposes, follow the instructions above.

We will acknowledge receipt of your request within 10business days, andprovide a substantive response within 45 calendar days, or inform you of thereason and extension period (up to 90 days) in writing.

Under the CCPA, only you or an authorized agent may make a requestrelated to your personal data. Note that to respond to your requests to accessor delete personal data under the CCPA, we must verify your identity. We may doso by requiring you to log into your Forma Vision account (if applicable),provide information relating to your account (which will be compared toinformation we have, such as profile information), give a declaration as toyour identity under penalty of perjury, and/or provide additional information.You may designate an authorized agent to submit your verified consumer requestby providing written permission and verifying your identity, or through proofof power of attorney.

California’s Shine the Light Law

California Civil Code Section 1798.83, also known as “Shine The Light”law, permits California residents to annually request information regarding thedisclosure of your Personal Information (if any) to third parties for the thirdparties’ direct marketing purposes in the preceding calendar year. We do notshare Personal Information with third parties for the third parties’ directmarketing purposes.

Changes to This Privacy Statement

We may update our Privacy Policy from time to time. Thus, you are advisedto review this page periodically for any changes. We will notify you of anychanges by posting the new Privacy Policy on this page. These changes areeffective immediately after they are posted on this page.

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