VARAi Inc.

POLICY

VARAi Inc. Privacy Policy for Virtual Try-On Technology

Welcome to VARAi Inc.’s Virtual Try-On experience. This Privacy Policy explains how we, VARAi Inc. and our affiliates, collect, store, use, and protect your data when you use our Virtual Try-On technology on our websites and apps, as well as those operated by our partners, such as eyewear retailers, brands, and other third-party entities.

Please take a moment to read through this policy carefully, as it details the specifics of our data handling practices for users of the Virtual Try-On feature. Note that this policy is specific to the data collected during your use of Virtual Try-On and does not cover any other data collection practices on our or our partners’ websites.

1. Data Collection and Processing

Our Virtual Try-On technology is designed to enhance your shopping experience by allowing you to visualize eyewear on your face and receive personalized recommendations. To achieve this, the technology may capture or generate the following types of data:

  • Facial Measurements: We may capture an image of your face and create a scan of your facial geometry. This scan might include measurements such as ear junction, eye corner width, nose bridge height and width, and temple length. Depending on your location, these measurements could be classified as “biometric data,” which includes “biometric identifiers” and other information obtained through face imaging or scanning, as defined by applicable state laws.
  • Optical Data: This includes details related to your eyewear, such as lens parameters, prescription data, pupillary distance, and other optical measurements. It may also include data from eye health questionnaires or comprehensive eye exams.
  • Usage Data: We automatically collect data about your interaction with Virtual Try-On through technologies such as cookies. This includes connectivity data, technical details about the device used (e.g., type, screen resolution), session IDs, browser versions, and general location data. This information helps us improve the service and enhance your experience.

Depending on how Virtual Try-On is implemented on our or our partners’ websites, the data we collect may be personal, meaning it can be used to identify you, or it may be de-identified, meaning it cannot be linked back to you.

2. Our Role in Data Processing

VARAi Inc. may act as either a data controller or a data processor, depending on the circumstances:

  • Data Controller: When we operate as the data controller, we determine how your data is used, and this policy applies to the data we collect and process in this role.
  • Data Processor: When we act as a data processor, we handle your data on behalf of our partners, following their instructions. In such cases, our partners are responsible for obtaining any necessary consents and for complying with applicable data protection laws.
Data TypeVARAi Inc. Role on Our WebsitesVARAi Inc. Role on Partner Websites
Facial Measurements                  Controller                    Processor
Optical Data                  Controller                    Processor
Usage Data                  Controller                   Controller

3. How We Use Your Data

When VARAi Inc. acts as a data controller, we use your data for the following purposes:

  • Providing and Improving Services: To facilitate and enhance your experience with Virtual Try-On.
  • Understanding User Interaction: To gain insights into how you interact with our technology, helping us improve and innovate.
  • Communicating with You: To send you service-related updates and promotional messages, where legally permissible.
  • Security and Fraud Prevention: To protect against fraud, errors, or illegal activities, and to ensure the security of our services.
  • Aggregating Data: To create non-identifiable data for improving our technology and for other lawful purposes.
  • Legal and Contractual Compliance: To fulfill our legal obligations and enforce our rights.

We will not process or collect your facial measurements without your explicit consent.

4. Usage Data and Cookies

Our Virtual Try-On technology uses cookies and similar technologies to enhance your experience. These technologies may involve storing small data files on your device. You have the option to manage or disable cookies through your browser settings. However, please be aware that disabling cookies may affect the functionality of the Virtual Try-On feature.

For more information on managing cookies, visit All About Cookies.

5. Data Retention

We retain your data only as long as necessary for the purposes outlined in this policy, or as required by law. Specifically, facial measurements are retained for no longer than one year after your last interaction with our Virtual Try-On technology, unless a longer retention period is required by law.

6. Data Disclosure

We do not sell your data to third parties. However, we may disclose your data to:

  • Service Providers: Third parties who assist us in operating the Virtual Try-On technology, under strict confidentiality agreements.
  • Business Transaction Partners: In the event of a merger, acquisition, or asset sale, your data may be transferred to the new entity.
  • Legal Authorities: When required by law or to protect our rights, we may disclose data to law enforcement or other authorities.
  • Affiliates: We may share data with our affiliates, who are required to treat your data in accordance with this policy.

7. Data Protection

We are committed to safeguarding your data using industry-standard security measures, such as encryption and firewalls. However, no online transmission of data is completely secure, and we cannot guarantee absolute security.

8. Third-Party Practices

This policy does not cover the practices of third-party websites or services, including those of our partners. We encourage you to review the privacy policies of any third-party services you access through our platform.

9. Children’s Privacy

Our Virtual Try-On service is intended for users aged 16 and older. We do not knowingly collect data from children under 16. If we discover that a user under 16 has provided us with personal data, we will delete it.

10. Policy Updates

We may update this Privacy Policy from time to time. Any changes will be effective immediately upon posting. If we make significant changes, we will notify you at least 10 days in advance through our communication channels or during your use of Virtual Try-On.

11. Contact Us

If you have any questions or concerns about this Privacy Policy or your data, please contact us at privacy@varai.com.

TERMS OF USE

IMPORTANT NOTICE: THESE TERMS OF SERVICE INCLUDE BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS, AS DESCRIBED IN THE ARBITRATION SECTION BELOW.

These Terms of Use (“Terms”) govern your access to and use of the Virtual Try-On technology (“Virtual Try-On”) provided by VARAi Inc. (“VARAi”, “we”, “us”, or “our”). By accessing or using the Virtual Try-On feature on our websites, apps, or any partner websites that utilize our services, you agree to these Terms.

1. Acceptance of Terms

By using the Virtual Try-On technology, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you are not authorized to use the Virtual Try-On service. These Terms are in addition to any other agreements or terms that apply to your use of our services, and in the event of any conflict, these Terms will prevail regarding your use of Virtual Try-On.

2. No Medical Advice Provided

The Virtual Try-On service is intended solely for informational and entertainment purposes. It is not a substitute for professional medical advice, diagnosis, or treatment. The data collected by Virtual Try-On is meant to assist in selecting and fitting eyewear but should not be used for making medical decisions. For any medical concerns, consult a healthcare professional. If you have an emergency, contact emergency services immediately.

3. Eligibility

By accessing or using the Virtual Try-On service, you affirm that you are at least 16 years old and legally capable of entering into these Terms. If you are under 16, you must have parental or guardian consent to use the service, and they must agree to these Terms on your behalf.

4. Changes to Terms

We may update these Terms periodically. Any changes will be communicated to you through reasonable means, including posting the revised Terms on our website. Your continued use of the Virtual Try-On service after any changes are posted constitutes your acceptance of the new Terms. It is your responsibility to review these Terms regularly.

5. Permitted Use

You agree to use Virtual Try-On only for lawful purposes and in compliance with these Terms. The following activities are prohibited:

  • Infringing on intellectual property rights.
  • Violating any laws or regulations.
  • Compromising the security or integrity of Virtual Try-On.
  • Tampering with or disabling any elements of the service.
  • Using automated means to access the service.
  • Modifying, copying, reselling, or reverse-engineering the service.

6. Data Collection and Privacy

For information on how we collect, use, and protect your data, including biometric data, please refer to our Privacy Policy. Your use of the Virtual Try-On service signifies your consent to the data practices described in the policy.

7. Intellectual Property and License

All rights, titles, and interests in the Virtual Try-On technology, including all software, content, and related materials, are owned by VARAi Inc. or our licensors. We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Virtual Try-On service for personal use in accordance with these Terms. Unauthorized use of the service or its content is prohibited.

8. Termination

We reserve the right to terminate or suspend your access to the Virtual Try-On service at any time, without notice, for any reason, including violations of these Terms. Upon termination, you must cease all use of the service. We are not liable for any termination of your access.

9. Indemnification

You agree to indemnify and hold VARAi Inc., its affiliates, and their respective officers, directors, employees, and agents harmless from any claims, damages, liabilities, and expenses (including legal fees) arising from your use of the Virtual Try-On service or your violation of these Terms.

10. Disclaimer of Warranties

The Virtual Try-On service is provided “as is” and “as available,” without any warranties of any kind. We do not guarantee that the service will be error-free, secure, or available at all times. Your use of the service is at your own risk.

11. Limitation of Liability

To the maximum extent permitted by law, VARAi Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the Virtual Try-On service. Our total liability to you shall not exceed $100.

12. Arbitration and Dispute Resolution

Any disputes arising out of or related to these Terms or your use of the Virtual Try-On service will be resolved through binding arbitration on an individual basis, not in court or as part of a class action. You agree to waive your right to a jury trial and to participate in any class action or class arbitration.

13. General Provisions

  • Electronic Communications: You consent to receive communications from us electronically and agree that such communications satisfy any legal requirements.
  • Severability: If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force.
  • No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of our rights.
  • Assignment: You may not assign your rights under these Terms; VARAi Inc. may assign its rights without restriction.
  • Governing Law: These Terms are governed by the laws of the State of [Your State], without regard to its conflict of law principles.

14. Contact Information

If you have any questions or concerns about these Terms, please contact us at privacy@varai.com.