LAST UPDATED: November 2022

XRAI Glass is a companion software application (“XRAI Glass”), which pairs with Nreal Air Augmented Reality Glasses manufactured by Nreal Technology Limited[1] and distributed by EE Limited[2] (the “Device”), designed for use by hearing impaired individuals to transcribe and translate audio recordings into plain text and overlay captioned text boxes on to users’ live visual interactions with other individuals.

For users subscribing to XRAI Glass’ premium tier (or a trial of the premium tier), Audio Content will be shared with third-party cloud services providers to deliver transcription, translation and personal assistant functionalities. Otherwise, all Audio Content is processed locally on a user’s mobile device for the period in which XRAI Glass is open (the “Session”). Once a Session has ended, all Audio Content is automatically deleted from a user’s mobile device.

XRAI Limited, a company registered in England and Wales under company number 14164476, having its registered office at 71-75, Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (the “Company,” “we,” or “us”) wants you to be familiar with how we collect, use and disclose Personal Information.

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. This Privacy Notice describes our processing practices of Personal Information that we collect and use in connection with:

• websites operated by us from which you are accessing this Privacy Notice (the “Websites”);
• software applications made available by us for use on or through computers and mobile devices (the “Apps”);
• our social media pages from which you are accessing this Privacy Notice (collectively, our “Social Media Pages”); and
• e-mail messages that we send to you or other communications with you.

Collectively, we refer to the Websites, Apps, Social Media Pages, and emails as the “Platforms”.

[1]          Nreal Technology Limited is a company registered in the People’s Republic of China, having its principal office at 15/F, A2 Avic Plaza, Haidian District, Beijing, China, 100098.

[1]           EE Limited is a company registered in England and Wales under company number 02382161, having its registered office at Trident Place, Mosquito Way, Hatfield, Hertfordshire, United Kingdom, AL10 9BW.

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COLLECTION AND PROCESSING OF PERSONAL INFORMATION

How we collect Personal Information

We collect Personal Information in a variety of ways, including through our Platforms and from other sources, as set out in the grids below.

We need to collect certain Personal Information in order to provide the requested Platforms to you. If you do not provide the information requested, we may not be able to provide the Platforms. We will note which Personal Information is required to provide the Platforms at the time of its collection.

If you disclose any Personal Information relating to other people to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Notice.

Processing of Personal Information

We use your Personal Information for legitimate business purposes, as described in the overview below.

Making our Platforms available to users

Marketing and user engagement

Personalization and improving our Platforms

Security and legal reasons

*     For more information on our legal obligations, please see the section ‘Other Disclosures’ below.

**   For more information on the disclosure of Personal Information in connection with a sale or business transaction, please see ‘Other Disclosures’ below.

Information we process on behalf of others

To the extent necessary to provide our services, we process Session Information and/or Audio Content on your behalf that is captured by you when using our Platforms and/or the Device.

Privacy, data protection and surveillance laws in your jurisdiction may apply to your use of our Platforms and/or the Device (including relating to the recording or sharing of Session Information and/or Audio Content). Capturing, recording or sharing Session Information and/or Audio Content that involves other people may affect their privacy rights. You are solely responsible for ensuring that you comply with any privacy, data protection, surveillance, or other applicable laws when you use our Platforms and/or the Device. For example, you may need to provide notice, obtain consents and/or process any rights requests from third parties with respect to your use of the Platforms and/or the Device, such as other individuals who interact with you while you are using our Platforms and/or the Device.

Personal Information

 We collect the following categories of Personal Information:

A) Personal Information that we receive from you:

  B) Personal Information that we collect through your use of our Platforms or from other sources:

Connecting to the Platforms via single-sign-on service providers

When you sign up and log in to the Platforms through a third party application, such as your Google account, you authorize us to collect certain Personal Information for account authentication purposes. Upon sign up, Google will ask your permission to share certain information from your Google account with us. This includes [your name and email address]. This information is collected by Google and is provided to us under the terms of Google’s privacy policy. You can regulate the information that we receive from Google using your Google activity controls.

Other Disclosures

We also disclose your Personal Information as necessary or appropriate, in particular when we have a legal obligation or legitimate interest to do so, as set out in further detail below. We may disclose your Personal Information to:

• Comply with applicable law and regulations.
  • This may include laws outside your country of residence, which could give rise to a legal obligation requiring us to process your Personal Information, including when (i) we receive a court order to disclose information for the purposes of court proceedings, (ii) we are required to comply with requests and orders from law enforcement to provide information in relation to a criminal investigation, or to take steps to report information we believe is important to law enforcement where so required or advisable under applicable local laws, or (iii) we receive requests from competent authorities, such as data protection or consumer protection authorities.
• For dispute resolution purposes, and to protect our rights, privacy, safety or property, you or others.
• In connection with a sale or business transaction.
  • We have a legitimate interest in disclosing or transferring 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 insolvency, bankruptcy or similar proceedings). You will be notified of any such business transaction and of possible changes to the processing of your Personal Information in accordance with applicable law and the ‘Updates To This Privacy Notice’ section.

COOKIES AND SIMILAR TECHNOLOGIES

We may collect personal information through the use of cookies and similar technologies. Please see our cookies and similar technologies policy for more information.

SECURITY

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.

CHOICES AND INDIVIDUALS' RIGHTS

Your choices regarding our use and disclosure of your Personal Information

We give you choices regarding our use and disclosure of your Personal Information for marketing purposes.

You may opt out from receiving marketing-related communications from us. If you no longer want to receive marketing related communications from us on a going-forward basis, you may opt out by (i) adjusting your account Settings [hyperlink to XRAI Glass account settings] and adjusting your marketing preferences, (ii) following the unsubscribe opt-out links on any marketing communications sent to you, and/or (iii) contacting us at any time at privacy@xrai.glass.

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing from us, we may still send you important administrative messages, from which you cannot opt out.

How you can exercise your rights

If you would like to request to access, correct, update, suppress, restrict, or delete Personal Information, object to or opt out of the processing of Personal Information, withdraw your consent (which will not affect the lawfulness of processing prior to the withdrawal), or if you would like to request to receive a copy of your Personal Information for purposes of transmitting it to another company (to the extent these rights are provided to you by applicable law), you may contact us in accordance with the “Contacting Us” section below. We will respond to your request consistent with applicable law.

In your request, please make clear what Personal Information you would like to have changed or whether you would like to have your Personal Information suppressed from our database. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase, you may not be able to change or delete the Personal Information provided until after the completion of such purchase).

You may lodge a complaint with the UK’s Information Commissioner’s Office through this page.

RETENTION PERIOD

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law, for example, for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.

The criteria used to determine our retention periods include (i) the length of time we have an ongoing relationship with you and provide the Platforms to you (for example, for as long as you have an account with us or keep using the Platforms); (ii) whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

Where a legal obligation arises or retention is advisable in light of our legal position, in some circumstances, we will retain certain Personal Information, even after your account has been deleted and/or we no longer provide the Platforms to you; for example:

• To cooperate with law enforcement or public, regulatory and government authorities: If we receive a preservation order or search warrant related to your Platforms account, we will preserve Personal Information subject to such order or warrant after you delete your Platforms account.
• To comply with legal provisions on tax and accounting: We may retain your Personal Information, such as Relationship History, and/or Transaction Information, for up to 7 years after you delete your Platforms account, as required by tax law and to comply with bookkeeping requirements.
• To pursue or defend a legal action: We may retain relevant Personal Information in the event of a legal claim or complaint, including regulatory investigations or legal proceedings about a claim related to your Personal Information, or if we reasonably believe there is a prospect of litigation (whether in respect of our relationship with you or otherwise) after the dispute has been settled or decided by a court or tribunal from which there is no further right of appeal.

THIRD-PARTY SERVICES

This Privacy Notice does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the Platforms link. The inclusion of a link on the Platforms does not imply endorsement of the linked site or service by us.

The Platforms may provide functionality allowing you to make payments to the Company using third-party payment services with which you have created your own account. When you use such a service to make a payment to us, your Personal Information will be collected by such third party and not by us and will be subject to the third party’s privacy notice rather than this Privacy Notice. We have no control over and are not responsible for this third party’s collection, use, and disclosure of your Personal Information.

In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Google, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.

USE OF THE PLATFORMS BY MINORS

The Platforms are not directed to individuals under the age of thirteen (13), and we do not knowingly collect Personal Information from individuals under 13.

JURISDICTION AND CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in countries where we have facilities or in which we engage service providers [hyperlink to list of key services providers], and by using the Platforms, you understand that your Personal Information will be transferred to countries outside of your country of residence, including the United States and Germany, which may have data protection rules that are different from those of your country.

Where this will involve transferring your Personal Information outside the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Adequacy Decisions: Some non-UK countries are recognized by the Secretary of State as providing an adequate level of data protection according to UK standards (the full list of these countries is available here).

Standard Contractual Clauses: If we transfer Personal Information from the UK to countries which are not considered adequate under the UK GDPR, we have put in place the UK’s international data transfer agreement for international data transfers (the “UK IDTA”) to protect your Personal Information. You may obtain a copy of the UK IDTA by contacting us in accordance with the “Contacting Us” section below or by following this link. “UK GDPR” has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

SENSITIVE INFORMATION

Unless we request it, we ask that you not send us, and you not disclose, 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 trade union membership) on or through the Platforms or otherwise to us.

UPDATES TO THIS PRIVACY NOTICE

The “Last Updated” legend at the top of this Privacy Notice indicates when this Privacy Notice was last revised. Any changes will become effective when we post the revised Privacy Notice on the Platforms. If we make a material change to this Privacy Notice, we may notify you of this change, and depending on the nature of the change, we may seek your consent to the change.

CONTACTING US

XRAI Limited, a company registered in England and Wales under company number 14164476, located at 71-75, Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ, is responsible for collection, use, and disclosure of your Personal Information under this Privacy Notice.

If you have any questions about this Privacy Notice, please contact us at privacy@xrai.glass.

Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.