Effective date: September 21, 2022
We may gather various types of Personal Information from you, as explained in more detail below, and we use this Personal Information in connection with our Services.
8th Wall is on a mission to make augmented reality for everyone and we are doing this by harnessing the power and freedom of the web. We equip developers, agencies and brands with powerful tools to create extraordinary reality content that can be accessed by users in the browser.
Our Services include:
You can use our Services in the following ways to manage your Privacy:
"Services" has the meaning as defined above.
"First-Party Content" means any app or website content created, managed and hosted by 8th Wall. This includes our marketing site, marketing and support communications and website content developed internally using our Services and our Hosting Services.
"Third-Party Content" means any app or website content created and managed by a Developer using our Services. This includes content on our Hosting Services as well as content which is Self-Hosted. This also includes Third-Party content that is distributed in First-Party Content, and on an Ad Platform.
"Hosting Services" means the components of our Services that enable Developers to create and publish Third-Party content hosted on 8th Wall servers.
"Self Hosted" means the components of our Services that enables Developers to create and publish Third-Party content hosted on their own servers.
"Developer" means any person or entity that is registered with us to use the Services.
"End User" means a person that accesses, views and/or interacts with Third-Party Content created by a Developer that makes use of our Services, whether it be Self-Hosted or using our Hosting Services.
"Visitor" means, depending on the context, any person who accesses, views and/or interacts with our First-Party Content as well as a person who visits our offices, or otherwise engages with us at our events or in connection with our marketing, support and recruitment activities.
"Personal Information" means information that relates to or could be associated with an individual.
"You" and "Your" means, depending on the context, either a Developer, an End User, or a Visitor.
When you access, view and/or interact with Third-Party Content created with our Services, 8th Wall doesn't attempt to process information about who you are, but does process device and application information such as an IP address, which is considered Personal Information in some jurisdictions such as the European Economic Area.
From an End User, we collect information about the device and application you use to access the content, such as your IP address, your operating system, your browser user agent, and information related to your use of the site including the length of time spent on the site and device and session identifiers that cannot be used to track users across different Third-Party Content or First-Party Content. IP addresses are only collected in standard raw web server logs for system/health monitoring purposes.
Some Third Party Content created with our Services may enable you to interact with and place virtual objects at real world locations. In order to provide this experience, we collect geospatial data and images from your device camera and sensors when you interact with this Third Party Content.
8th Wall generally operates as a processor for Third-Party Content, meaning we process related Personal Information pursuant to our agreements with Developers. We may use the device and application information that we collect to improve our Services. Any Developer that uses our Services to create Third-Party Content using our Hosting Services or Self-Hosted may be collecting additional Personal Information for their own products or services when you visit their site. 8th Wall is not in control of additional data that may be collected by a Developer for this content. When accessing, viewing and/or interacting Third-Party Content you should consider the privacy practices and policies of each Developer carefully.
When First-Party or Third-Party Content is linked from or embedded within an Ad Platform, or when First-Party or Third-Party Content contains online advertisements, additional data may be collected by the Ad Platform. When viewing an advertisement you should consider the privacy practices and policies of each Ad Platform carefully.
Whenever you access, visit and/or interact with our First-Party Content, such as our marketing website, contact 8th Wall via email, subscribe to our mailing list or respond to our surveys, we automatically receive and record information on our server from your browser or device, which may include your IP address, geolocation data, device identification, "cookie" information, the type of browser and/or device you’re using and the page you requested.
We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve our Services – for example, this data can tell us how often users use a particular page on our marketing website and we can use that knowledge to make improvements to our website and to make the content on the website more interesting to as many users as possible.
If you’ve given us your email address, we may send you 8th Wall marketing and promotional emails. We may receive a confirmation when you open an email from us. This confirmation helps improve our communications with you and makes them more interesting. If you do not want to receive communications from us, please indicate your preference by contacting email@example.com.
We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you 8th Wall marketing and promotional emails, or email you about your account and use of our Services. We may receive a confirmation when you open an email from us. This confirmation helps improve our communications with you and makes them more interesting. If you do not want to receive communications from us, please indicate your preference by contacting firstname.lastname@example.org.
Service Usage Data may include:
We do not rent or sell your Personal Information to anyone.
We may share your Personal Information with third parties as described in this section:
Information that’s been de-identified: We may de-identify your Personal Information so that you are not identified as an individual. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.
Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the identifiable Personal Information we share with them beyond what is necessary to assist us. Note that an "agent" may also be considered a "partner" in certain circumstances, and would be subject to the terms of the "Information that’s been de-identified" section in that regard.
User Submissions: Certain user profile information, including your name, employer, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments.
Business Transfers: We may choose to buy or sell assets, and may share and/or transfer Personal Information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
Protection of 8th Wall and Others: We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of 8th Wall, our employees, our users, or others.
For Developers using our Services, you may access, and, in some cases, edit or delete the following information you’ve provided to us in your account settings:
You can also access and delete any ‘private scans’ uploaded through the Niantic Wayfarer application at any time through your 8th Wall account.
The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at email@example.com.
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our Services. For example, some communications are considered transactional and necessary for account management and you cannot opt out of these messages unless you cancel your 8th Wall account.
You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by contacting firstname.lastname@example.org. Some information may remain in our records after you delete your account. We may use any aggregated data derived from or incorporate your Personal Information after you update or delete it, but not in a manner that would identify you personally.
We do not knowingly collect, solicit, or use Personal Information in any manner that would allow us to identify, contact, or profile anyone under the age of 13. If you are under 13, please do not attempt to register for our Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with this information, please contact us at email@example.com.
As a Developer, your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We strive to protect the privacy of your account and other Personal Information we hold in our records but cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
You can read about 8th Wall’s security practices here.
We retain Personal Information when we have an ongoing legitimate business or legal need to do so.
The period of retention will vary depending on the type of Personal Information involved but generally this decision is shaped by the following criteria:
For those located in the EEA or UK only, the collection of Personal Information as described above will depend on the information and the context in which we collect it.
If you are a Developer, we will need Personal Information to grant you access to our Services. In some cases, we may also have a legal obligation to collect Personal Information from you. If we ask you to provide Personal Information to comply with a legal requirement or to create an account with us, we will make this clear at the time and advise you whether the collection of this information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information.
Where required by law, we will collect Personal Information only where we have your consent to do so. If you have questions or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us at firstname.lastname@example.org.
Subject to the applicable provision of the GDPR, you have the following rights with respect to your Personal Information:
If you would like to submit a request to us to exercise your rights, please contact us at email@example.com. Please note that you must verify your identity before we will process your request. You may be required to provide email confirmation or other information in order for us to verify your identity.
8th Wall operates in the United States. Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy, including offering our Developers a Data Processing Agreement available here.
If you have any concerns about your data protection as it relates to the country you are doing business, please contact us at firstname.lastname@example.org.