Privacy Policy

Last Updated (Effective Date): November 1, 2016

Welcome to Privacy Policy of OTOY, Inc. (“OTOY”). The purpose of this Privacy Policy is to explain what information OTOY collects and how OTOY uses it.

When you use OTOY’s products, services, software and/or website (collectively referred to as “Services”), OTOY collects information that you give to us as well as automatically collects information when you use or access the Services.

Information that you give to us could include information such as your name, postal address, e-mail address, phone number, date of birth, your sales history, purchase activity, contact details, information contained in files that you submit, upload or process using OTOY Services, product or service purchase price and date of purchase, your forum posts (including the content and date of the post), your photograph (including details about your physical features and dimensions). OTOY may also gather and use information about you from publicly available third party sources.

Information and files that you submit or upload to OTOY’s forums and other OTOY locations and the Services in which users are able to interact with one another may be made publicly available by OTOY without limitation or restriction, and you acknowledge that you have no expectation of privacy in such information and no right to limit or restrict any commercial or non-commercial use of such information by OTOY or by others who access OTOY forums and services.

You may provide payment information in connection with your use of OTOY Services. OTOY does not currently store payment information (other than information about credits that you purchase for use with OTOY), but causes it to be delivered directly to third party payment service providers. Use of such 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. You acknowledge that OTOY will have no responsibility regarding your payment information that is provided directly to third party payment service providers that is not stored by OTOY.

From time-to-time OTOY may request information from you via surveys or contests. Participation in these surveys or contests is completely voluntary and you will always have a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic or other information (such as zip code or age). Contact information will be used to notify the winners and award prizes. Survey information will typically be used for purposes of monitoring or improving the use and satisfaction of OTOY’s Services and may also be used for the other permitted purposes discussed elsewhere in this Privacy Policy. Additional uses 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.

Information that is collected when you use or access the Services may include information such as your location, IP address, GPU’s, browser information, information about your interactions with the Services (including information collected in or through log files and cookies), device and/or browser or operating system information). If you disable cookies, you may not be able to use all OTOY services.

All personal information collected by OTOY is used for or in connection with its business. As a user of the Services, you acknowledge and agree that OTOY may hold, use and/or disclose the information it collects to send you important information relating to the Services, including changes to our terms, conditions and policies, or for other administrative purposes, for business purposes, such as statistical and other data analysis, improving our products and services and identifying usage trends, providing support services to you, promotional and marketing purposes, internal research purposes, to protect OTOY’s legal rights, and for any other use that you authorize.

OTOY may also use various technologies, including but not limited to Google Analytics and Mixpanel, to collect and store information about your visits to OTOY’s website, and your use of the Services. Google Analytics and Mixpanel are operated externally to, and independently of, OTOY. You can view Google’s privacy policy here http://www.google.co.nz/intl/en/policies/privacy/ and Mixpanel’s privacy policy here https://mixpanel.com/privacy/.

OTOY will take commercially reasonable steps to ensure that any personal information OTOY collects is secure, accurate and up to date, and that it is protected against loss, unauthorized access, use and modification, or misuse. However, although OTOY will take commercially reasonable steps to ensure the protection of your personal information, OTOY cannot 100% guarantee the security of your personal information. To the maximum extent permitted by law, you release and discharge OTOY from all claims and liabilities relating to any security breach or unauthorized access to or use of your personal information by any third party. Please contact OTOY immediately if you believe your personal information is no longer secure.

Where OTOY holds personal information relating to you, and that personal information is readily retrievable, you are entitled to obtain confirmation of whether OTOY holds that personal information, and to have access to, and to request correction of, that information. Any inquiries relating to your personal information, and any requests to access, correct, update or remove your information, or any complaint about a breach of your privacy, a misuse of your personal information or any violation of this policy or your legal rights regarding your information, should be sent to OTOY at 1010 Wilshire Blvd. # 1604, Los Angeles, CA 90017 attn: Legal Department or emailed to [email protected].

Your personal information will be stored by OTOY on its databases, and may be stored and processed in the United States of America, or in other countries where OTOY has facilities or where OTOY uses third party facilities. By using OTOY’s products, software and Services you consent to the transfer of information to countries outside of United States of America, which may have different data protection rules.

OTOY will retain your personal information for the period required by law and/or necessary or convenient to fulfill the purposes outlined in this Privacy Policy.

OTOY does not intentionally gather personal information from visitors who are under the age of 13. If you are under the age of 13, you are not permitted to submit any personal information to OTOY. If OTOY learns that a child under 13 submits personal information to OTOY, OTOY will attempt to delete the information as soon as possible. If you believe that OTOY may have any personal information from a child under 13, please contact [email protected].

If you advise OTOY that you do not want it to collect any or all of your personal information, then, depending on the nature of the information you do not authorize OTOY to collect, OTOY may not be able to allow you access to forums, enable software updates which would otherwise be available to you, or provide other similar benefits or services. This may also otherwise affect OTOY’s ability to provide you with the Services.

From time to time, OTOY may send to you announcements regarding OTOY’s site and its and its partners’ products and services. OTOY may also communicate with you via email or other methods in connection with products and services that you have requested and with regard to issues relating to your account. If you no longer wish to receive newsletters or promotional materials from OTOY, you may opt-out of receiving these communications using the procedure provided on OTOY’s site. However, OTOY may still continue to use your information to contact you regarding legal, security or technical matters, your subscription, your use of OTOY’s products or services or information about OTOY’s sites and any contributions that you may have made to OTOY’s sites.

You acknowledge and agree that OTOY may provide all information collected from and about you to third parties for purposes including, without limitation:
(a) administering, managing and monitoring the Services;
(b) conducting market research, data processing and statistical analysis and reporting;
(c) verification and training purposes; and
(d) product improvements.

When OTOY discloses your personal information to third parties, it will take all reasonable steps, where feasible, to require that the third party protect your information from any unauthorized use or disclosure.

OTOY’s web sites contain links to other sites, some of which may display OTOY’s name or logo. OTOY is not responsible for the privacy practices or policies of such other sites. When you leave OTOY’s sites and you should read the privacy statements of each and every web site you visit that collects personal information. What you are reading now is the Privacy Policy of OTOY and it applies only to information collected by OTOY.

OTOY may partner with other parties to provide specific goods and services which OTOY feels will be of interest to the community. If you purchase or express interest in any of these goods or services, OTOY may share your name or other information with its partners. OTOY has no control over the collection or use of information by its partners at the partners’ sites.

In the event that the ownership of OTOY changes as a result of a merger, acquisition, or in the event of a bankruptcy, information from or about you or your device may be transferred to another company.

OTOY may share anonymized, aggregated data with third parties for any purpose. Anonymized, aggregated data is data that has been combined with other data and removes any identifiable information about you so that the data does not identify a specific person.

OTOY may access, preserve and share information in response to a legal request if OTOY has a good faith belief that the law requires, and/or to detect, prevent and address fraud or other illegal activity, to protect OTOY, the Services, and/or to prevent or reduce the risk of death or other harm.

OTOY reserves the right to make changes to this Privacy Policy at any time by posting a modified version on its website. If at any point OTOY decides to use personal information in a manner less restrictive from that stated at the time it was collected, you will have a choice as to whether or not OTOY may use the information in this different manner. If you advise us that you do not agree to the changes, OTOY will use the information you have shared with OTOY in accordance with the Privacy Policy under which the information was collected. If material changes are made to this Privacy Policy, OTOY will provide notice of such material changes, such as by sending you an email notification to the address you’ve provided, providing notice through the Services, and/or updating the “Last Updated” date at the top of this Privacy Policy.

If you have any questions about this Privacy Policy, or if you would like to deactivate or delete your OTOY account, please contact OTOY at [email protected]. Content deleted from the Services may remain in backup copies, mirrored or cached locations and logs for a period of time.

You agree that to the maximum extent permitted by law, all matters relating to your privacy and the use of your personal information will be governed exclusively by the internal laws of California and the United States, and you hereby irrevocably submit to the exclusive jurisdiction and venue of the courts of California and the United States located in Los Angeles County, California in connection with any matter relating to this Privacy Policy or any use of your personal information provided to or collected by OTOY.