OTOY Privacy Policy

Last Updated (Effective Date): December 18, 2023

Welcome to the Privacy Policy of OTOY, Inc. and its affiliates and subsidiaries (“OTOY”, “we”, “us”, “our”). The purpose of this Privacy Policy is to explain what information OTOY collects and how OTOY uses it. As an extra measure to demonstrate our commitment to the safeguarding of your personal information, we self-certified compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce (although we do not rely on these frameworks for the transfer of personal information from the EU, UK or Switzerland to the U.S). Our Data Privacy Framework Notice can be viewed here.

This Privacy Policy is organized into the following sections:

When you use OTOY’s website (“Site”), products, services, software and/or mobile applications (collectively referred to as “Services”, and described further in the OTOY’s Services section below), OTOY collects personal information that you give to us as well as automatically collects personal information when you use or access the Services.

OUR DATA PROTECTION OFFICER

The GDPR requires us to appoint a “Data Protection Officer”, this is a person who is responsible for overseeing and advising us in relation to our compliance with the GDPR (including compliance with the practices described in this Privacy Policy). If you want to contact our Data Protection Officer directly, you can email: [email protected].

Users in the European Economic Area should be sure to read the important information provided in the Additional Information for European Union Users section of this Privacy Policy.

OTOY’S SERVICES

OTOY is a cloud graphics company that develops software and services for capturing, rendering, and streaming ultra high-resolution photo-realistic computer generated digital media. Our core product is OctaneRender®, a GPU-rendering engine for film, games, architectural modeling, and product design. Supporting OctaneRender are a number of digital capture and streaming technologies that enable artists to create and publish immersive digital media experiences. These services include the ORBX Media Player and file format; the LightStage facial scanning service, the Brigade real time rendering engine, the x.io cloud streaming service, and the OctaneRender Cloud® rendering service. In 2017 we released The Render Token blockchain network, providing a peer-to-peer GPU compute and 3D media marketplace built on the Ethereum blockchain. OTOY’s headquarters are in Los Angeles, California.

PERSONAL INFORMATION WE COLLECT

We collect and have collected in the past 12 months personal information about you in the following ways:

Personal information you give us

Personal information that you give us directly, provide through the Services or otherwise communicate with us:

Identity information: your first name, last name, username or similar identifier, title or role, date of birth, demographic information, gender and sales history;
Contact information: your postal address, email address and telephone number;
Profile information: your forum posts (including the content and date of the post); your photograph (including details about your physical features and dimensions);
Transaction information: your purchase activity, contact details, product or service purchase price and date of purchase;
Feedback and correspondence: information you provide when you send us a message, report a problem with the Services, receive customer support, respond to surveys, participate in market research activities, respond when we notify winners and award prizes, or otherwise correspond with us;
Usage information: information and files that you submit, upload or process using OTOY Services; information about how you use the Services and interact with us; and
Marketing information: your preferences for receiving marketing communications and details about how you engage with us.

Personal information we get from others

We obtain additional personal information about you from third party sources such as CloudFlare and Amazon Web Services to enrich your experience with the Services and provide you with more relevant information in the Services. We also gather and use information about you from publicly available third-party sources.

Personal information automatically collected

Our servers automatically collect certain information about how you use the Services, such as your Internet Protocol (IP) address, device and browser type, operating system, the pages or features of the Services that you browsed and the time spent on those pages or features, the frequency with which you use the Services, search terms, the links that you click on or use, and other statistics. We collect this personal information in server logs and by using cookies and similar tracking technologies to analyze trends, administer the website, track our users’ movements around the website, gather demographic information about our user base as a whole, and deliver advertising. See our Cookies and Similar Technologies Notice in this Privacy Policy, for more information about how the Services and third party analytics, advertising and social media companies use cookies and similar technologies to collect your personal information when you use the Services.

Sensitive personal information

Subject to the following paragraph, we ask that you not send or disclose to us any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or union membership) on or through the Services or otherwise.

If you send or disclose any sensitive personal information to us (such as when you submit user generated content to the Services), you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not provide it.

Changes to your personal information

It is important that the personal information we hold about you is accurate and current. Please let us know if your personal information changes during your relationship with us by updating your registration profile or emailing us at [email protected].

HOW WE USE YOUR PERSONAL INFORMATION

We use and have used in the past 12 months personal information for the following purposes or as otherwise described to you at the time of collection:

To provide the Services

We use your personal information:

to operate, maintain, administer and improve the Services;
for our business purposes, such as data analysis; audits; developing new products; operating, maintaining, administering, enhancing, improving or modifying our Services; identifying usage trends; determining the effectiveness of our promotional campaigns; and operating and expanding our business activities.
to manage and communicate with you regarding your Services, including by sending you Services announcements, technical notices, updates, security alerts, and support and administrative messages;
to send administrative information to you, such as information regarding the Services and changes to our terms, conditions, and policies.
to better understand your needs and interests, and personalize your experience with the Services; and
to respond to your Services-related requests, questions and feedback.

To allow you to participate in contests and other related activities

We use your personal information to allow you to participate in sweepstakes, contests, and similar promotions and to administer these activities. Additional uses of your personal information may be covered by rules applicable to a specific survey or contest that will be made available to you at the time of your participation.

To send you marketing communications

If you request information from us, use the Services or participate in our surveys, promotions or events, we may send you OTOY-related marketing communications, which we believe may be of interest to you, as permitted by law. You are able to opt out of such communications.

To deliver to you advertising and other OTOY information

We use your personal information to present products and offers tailored to you, to personalize your experiences on the Services. We also use such information to respond to your inquiries and fulfill your requests, such as to send you newsletters.

To create anonymous data

We create aggregated and other anonymous data from our users’ personal information. We use this aggregated and anonymous data and share it with third parties for our lawful business purposes.

For security, compliance, fraud prevention and safety

We may use your personal information as we believe appropriate to (a) investigate or prevent violation of the law or our Terms & Conditions; (b) secure the Services; (c) protect our, your or others’ rights, privacy, safety or property; (d) conduct fraud monitoring and prevention activities; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

For compliance with law; legal claims

We use your personal information as we believe appropriate (a) as permitted by applicable laws, including laws outside your country of residence; (b) to comply with applicable laws, lawful requests and legal processes, such as to respond to subpoenas or requests from government authorities; (c) where permitted by applicable laws in connection with a legal investigation; (d) to enforce our Terms & Conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of you or others; (g) to prosecute or defend legal claims; and (h) to allow us to pursue available remedies or limit the damages that we may sustain.

With your consent

In some cases we will ask for your consent to collect, use or share your personal information, such as when you let us post your testimonials or endorsements in the Services.

HOW YOUR PERSONAL INFORMATION IS DISCLOSED

We disclose and have disclosed in the past 12 months the personal information listed in the Personal Information We Collect section above to third parties as described below:

Service Providers. We share your personal information with our third party service providers so that they may administer and provide the Services on our behalf, or provide other services such as marketing, website hosting, data analysis, information technology and related infrastructure provision, customer service, email delivery, auditing, payment processing and other services.

Affiliates; Corporate Restructuring. We disclose your personal information to our subsidiaries and corporate affiliates for use consistent with this Privacy Policy. We may also disclose your personal information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar business transaction).

Compliance with Law; Legal Claims. disclose your personal information as we believe necessary or appropriate: (a) as permitted by applicable laws, including laws outside your country of residence; (b) to comply with applicable laws, lawful requests and legal processes, such as to respond to subpoenas or requests from government authorities; (c) where permitted by applicable laws in connection with a legal investigation; (d) to enforce our Terms & Conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of you or others; (g) to prosecute or defend legal claims; and (h) to allow us to pursue available remedies or limit the damages that we may sustain.

Compliance with Laws and Law Enforcement; Protection and Safety. We disclose your personal information as we believe appropriate to government or law enforcement officials or private parties (a) for the security, compliance, fraud prevention and safety purposes described above; (b) as required by law, lawful requests or legal process, such as to respond to subpoenas or requests from government authorities; (c) where permitted by law in connection with any legal investigation; and (d) to prosecute or defend legal claims.

PAYMENT INFORMATION

Any payment card information you use to make a purchase on the Services is collected and processed by our third party payment services providers Paypal and Stripe, and we never receive or store your full payment card information. Use of your payment information is governed by the privacy policies of such third party payment service providers, and you agree to look exclusively to such third party payment service providers regarding any concerns that you may have regarding the use or storage of your payment information.

SECURITY

OTOY will use reasonable organizational, technical, and administrative steps to protect personal information within OTOY. Unfortunately, no data transmission or storage system can be 100% guaranteed and OTOY cannot guarantee the security of your personal information.

INTERNATIONAL DATA USE

OTOY is headquartered in the United States and has affiliates and service providers in other countries, and your personal information may be collected, used and stored in the United States or other locations outside of your home country. Privacy laws in the locations where we handle your personal information may not be as protective as the privacy laws in your home country.

European Union users should read the important information provided in the Cross-Border Data Transfer section of this Privacy Policy about transfer of personal information outside of the European Economic Area.

TRACKING AND TARGETED ADVERTISING

We allow service providers and other third parties to use cookies and other tracking technologies to track your browsing activity over time and across the Services and third party websites. We also use third party website analytics services that help us analyze users’ interactions with the Site. For more details, see the Cookies and Similar Technologies Notice. You may not opt out of tracking activities on our Site. However, some advertising networks allow you to opt out of targeted advertising. For more information, visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.

In some of our communications, we track clicks on links in the communications to content in the Services to help us measure the effectiveness of our communications.

Do Not Track: Your browser settings may allow you to transmit a “Do Not Track” signal. Like many websites, our Site is not designed to respond to “Do Not Track” signals at this time.

SOCIAL MEDIA WIDGETS

Our Services may include social media features, such as the Facebook “like” button and widgets, such as the “share this” button. These social media features are either hosted by a third party or hosted directly in the Services and may entail a third party collecting and/or using your personal information and tracking your use of the Services. Your interactions with these features are governed by the privacy policy of the company providing such functionality. For more information on third party sites and services, see the Third Party Sites and Services section directly below.

THIRD PARTY SITES AND SERVICES

Our Services may contain links to other websites and services operated by third parties, such as social media platforms, advertising services and other websites and applications. These links are not an endorsement of, or representation that we are affiliated with, any third party. We do not control third party websites, applications or services, and are not responsible for their actions. Other websites and services follow different rules regarding their collection, use and disclosure of your personal information. Any personal information that you submit to third parties is subject to that third party’s privacy policies and we encourage you to read their privacy policies to learn more.

USER GENERATED CONTENT

We may make available in the Services, or link to, features that allow you to share information online (e.g., on message boards, in chat areas, in file uploads, through events, etc.) (“User Generated Content”). Please be aware that whenever you voluntarily disclose information online, that information becomes public and your User Generated Content can be collected, stored, displayed, reproduced, published or otherwise used by us or others, and may or may not attribute the information to you. Others may also have access to User Generated Content and may have the ability to share it with third parties. We have no control over the collection, storage, display, dissemination or use of such publicly-disclosed information and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the features permitting creation of User Generated Content or what others do with information you share with them. We are not responsible for the accuracy, use or misuse of any User Generated Content that you disclose or receive from third parties through the Services. By posting personal information online in public forums, you may receive unsolicited messages from other parties.

CHANGES TO THIS PRIVACY POLICY

OTOY reserves the right to modify and make changes to this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If material changes are made to this Privacy Policy, OTOY will provide notice of such material changes, by sending you an email notification to the address you’ve provided or another manner through the Services that we believe is reasonably likely to reach you, and take any other steps as may be required by law.

Any modifications to this Privacy Policy will be effective upon our posting of the new terms (or as otherwise indicated at the time of posting). If you do not agree to any modifications or changes to this Privacy Policy, please do not access or continue to use the Services.

CONTACT US

If you have any questions or concerns about this Privacy Policy or questions regarding your personal information, please contact us:

Mail:
OTOY, Inc.
1010 Wilshire Blvd, Suite 1604
Los Angeles, CA 90017
Attention: Data Protection Officer

Email: [email protected]

ADDITIONAL INFORMATION FOR EUROPEAN UNION USERS

Personal information

References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller, Data Protection Officer and EU Representative

OTOY, Inc. is the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation and you can contact us and our Data Protection Officer using the contact details listed in the Contact Us section above. Our EU representative is Jeroen van Schijndel at Voorerf 5, (4824 GM) Breda. Email [email protected]:

Legal bases for processing

We only use your personal information as permitted by law. We are required to inform you of the legal bases of our processing of your personal information, which are described in the table below. If you have questions about the legal basis of how we process your personal information, contact us at [email protected].

Processing purpose (reference applicable section in this Privacy Policy for details)	Legal basis
To provide the Service	You have entered a contract with us and we need to use your personal information to provide services you have requested or take steps that you request prior to providing services.
To send you marketing communications To deliver you advertising To create anonymous data For security, compliance, fraud prevention and safety To prosecute or defend legal claims	These processing activities constitute our legitimate interests. We consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
For compliance with law	Processing is necessary to comply with our legal obligations
With your consent	Processing is based on your consent. Where we rely on your consent you have the right to withdraw it anytime in the manner indicated in the Service or by contacting us at [email protected].

Use for new purposes

We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Your rights

European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:

Opt-out. Stop sending you direct marketing communications. You may continue to receive Service-related and other non-marketing communications.
Access. Provide you with information about our processing of your personal information and give you access to your personal information.
Correct. Update or correct inaccuracies in your personal information.
Delete. Delete your personal information.
Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
Restrict. Restrict the processing of your personal information.
Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You can submit these requests by email to [email protected] or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here (http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm).

Cross-Border Data Transfer

If we transfer your personal information out of the European Economic Area or Switzerland and are required to apply additional safeguards to your personal information under European data protection legislation, we will do so. Such safeguards may include applying the European Commission Model contracts for the transfer of personal data to third countries described here (https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en#international-data-transfers-using-model-contracts). Please contact us for further information about any such transfers or the specific safeguards applied.

ADDITIONAL INFORMATION FOR CALIFORNIA USERS

Personal information we collect and disclose

We collect certain “personal information” as defined by the California Consumer Privacy Act (“CCPA”), as described in the main body of this Privacy Policy.

Your rights

If you are a California resident, the CCPA may give you certain rights regarding your personal information, subject to certain exceptions:

Right to Know. To request disclosure of the personal information that we collect, use and disclose, and other information relating to personal information we collect about you.
Right to Delete. To request the deletion of personal information that we have collected from you.

You also have the right not to receive discriminatory treatment for exercising the rights listed above.

You can submit these requests by calling our toll-free number 1-844-888-OTOY, by email to [email protected] or our postal address provided above. Only you, or someone you authorize to act on your behalf, may make a request to know or delete your personal information. An authorized agent may make a request on your behalf by providing written permission signed by you. We may request specific information from you (such as a copy of your government issued ID) to help us confirm your identity and process your request. The CCPA or other applicable law may require or permit us to decline your request.

Cookies and Similar Technologies Notice

Last Updated: January 21, 2021

Cookies are small data files stored in your browser by a website. They transmit information about your use of the Site to its operator or to third parties that placed the cookie. Some cookies are “session cookies” that expire when you close your browser, and others are “persistent cookies” that stay on your computer or mobile device until you delete them.

Our Site and applications use both session and persistent cookies to enable you to sign in and use our Site and applications, store your preferences and settings within them; analyze how they perform, personalize your experience with them, provide interest-based advertising, facilitate social media interaction and for other lawful purposes. We may also use other similar technologies for these purposes, such as web pixels that track browsing activity, social media widgets that facilitate interaction with social media platforms, unique device identifiers, and third party software embedded in our mobile applications. In some cases, these cookies and similar technologies are used by third parties.

The cookies and similar technologies used in our Site are as follows:

Type	Description	Third Party
Essential	Essential to provide you with services available through our Site and to enable you to use some of its features. We cannot provide the Services our users request without them.	None
Functionality	Allow our Site to remember the choices you make when you use our Site. Intended to provide you with a more personal experience and to avoid you having to re-select your preferences every time you visit our Site.	None
Authentication	Allow you to log into our Site and mobile apps by using your Google or Facebook account credentials.	None
Analytics	Collect information about traffic to our Site and mobile applications, and how our users use them, such as the number of visitors, the websites that referred them, the pages they visited, what time of day they visited, whether they have visited before, what features they used and other similar information. We use this information to help operate and improve our Site and mobile applications.	You can prevent the use of analytics relating to your use of our Site by downloading and installing the browser plugin. Google Analytics. Learn more information about Google Analytics cookies here and about how Google protects your data here. Analytics: https://tools.google.com/dlpage/gaoptout Mix Panel: Learn more information about Mix Panel cookies here: https://mixpanel.com/legal/privacy-policy/ Cloudflare: Learn more information about Cloudflare here: https://www.cloudflare.com/cookie-policy/
Advertising	Used by advertising companies to collect information about how you use our Site and mobile applications and other sites and applications over time. These companies use this information to show you ads they believe will be relevant to you within our Site and mobile applications and elsewhere, and to measure how the ads perform.	None
Social Media	Used by social media widgets that enable “like” buttons and allow you to share content within our Site and applications on social media. Your social media platform may be able to link information or actions about your interactions with our Site and applications to your account with them.	Facebook Twitter Please see your social media platform’s privacy policies for more details.

Disabling cookies. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org. If you do not accept our cookies, you may experience some inconvenience on our Site. For example, you may not be able to store preferences in our Site. If you disable cookies, certain features of our Site may not work.

For more information about targeting and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page, the Digital Advertising Alliance’s opt-out page, or http://youronlinechoices.eu.

Limiting mobile application tracking. Most mobile devices provide settings that will let you limit collection of your information for advertising. To learn more see http://www.networkadvertising.org/mobile-choice.

For more information about how we collect, use and share your personal information, see our Privacy Policy above.