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Privacy Policy

AdHawk Microsystems Inc. and our corporate affiliates (the “Company”, “we”, “us”, “our”) respect and uphold individual rights to privacy and the protection of personal information while balancing such rights with our need to process your personal information to manage our business and deliver our services to you. Based on applicable privacy and data protection principles common to Canada and other jurisdictions to which we are subject to, we have developed this privacy policy (the “Policy”) to explain our practices for processing your personal information. This Policy does not apply to our employees’ personal information or any anonymized information.

We develop eye tracking technology through AdHawk MindLink glasses, which are developed to operate with our specialized application programming interface (API) (together, the “Technology”) to help end users of AdHawk MindLink (“End Users”) unlock the connection between their eyes, their brain and the world around them. This Policy describes how we may collect, use, disclose, retain, dispose and otherwise process (collectively, “process”) your personal information when you use our Technology.

This Policy describes our practices with respect to how we may process the personal information you provide to through or in connection with our Technology and such other applications and technology as may be made available by us from time to time (the “Applications”), our website located at https://www.adhawkmicrosystems.com/ (our “Website”), and the support and other services we provide through the Applications (the “Services” and, together with the Technology, the Applications, and the Website, “AdHawk MindLink”).

PLEASE READ THIS PRIVACY POLICY CAREFULLY. By purchasing, licensing or using (as applicable) AdHawk MindLink, or otherwise by choosing to provide us with your personal information, you acknowledge and consent to the processing of your personal information in Canada and the United States in accordance with this Policy and as may be further identified when the personal information is collected.

You further acknowledge and consent that we will store your personal information in the United States (see below Section “Disclosure of Your Personal Information”). If you are located or residing outside of Canada, please be aware that the privacy laws and principles in Canada may differ and not offer the same level of protection as those in your location or residing country. Through your continued use of AdHawk MindLink, you are transferring your personal information to Canada and the United States and you expressly consent to that transfer. We will use this consent as the legal basis for such data transfer, unless otherwise stated in this Policy.

If you do not consent to the processing of your personal information in accordance with this Policy, please do not access or continue to use any of AdHawk MindLink or otherwise provide any personal information to us.

Personal Information

For the purposes of this Policy, “personal information” means any identifiable information about an individual, including but not limited to your Configuration Data (defined below) and Ocular Data (defined below), subject to exemption under the applicable laws of Canada. For example, in Canada, personal information does not include any business contact information that is processed solely to communicate with that person about their employment or profession.

We may collect the following personal information from End Users in the following circumstances:

  • When you provide it to us, your contact information such as name, email address, mailing address, and phone number.
  • When you use our Services, we collect performance data and data about how you access and use of any part of AdHawk MindLink, including the device you use to access our Service and the IP address connected to that device (the “Usage Data”). We may use Usage Data to troubleshoot issues with the Technology.
  • When you calibrate and use our Technology, we collect the following types of ocular data from you (“Ocular Data”): measurements of your face’s reflectivity, your eye shape and size, your eye position, and other deviations between your gaze and our sensor’s measurements. We may use Ocular Data to troubleshoot issues with the Technology.

We only collect personal information that we need. We encourage you to not provide us with any personal information beyond what is necessary and as requested by us.

Links to other sites

We use YouTube.com to host certain of our instructional and promotional videos linked on our Website. To the extent that our Website includes links to third-party websites, including YouTube, the owners of those sites are responsible for the privacy practices or content of those other sites. When you click on one of those links you are contacting those Third-Party Websites. We do not endorse and we have no responsibility or liability for, or control over, those third-party websites or their collection, use and disclosure of your personal information. We encourage you to read the privacy policies of those third-party websites to learn how they collect and use your personal information.

Information about minors

AdHawk MindLink is intended solely for users who are 18 years old and over OR for users who are under 18 years old AND have the consent of their parent or guardian.

We do not knowingly collect personal information about any minor. No such minor, should use AdHawk MindLink or otherwise submit such minor’s personal information to us for any reason and under any circumstances without express consent from their parent or guardian.

Purpose for which personal information is processed

We may process your personal information for the following purposes (the “Purposes”):

  • To verify and authenticate your identity;
  • To ensure that AdHawk MindLink is optimized for your use and benefit, including for calibration and troubleshooting purposes;
  • To analyze user experience and improve AdHawk MindLink;
  • To operate, maintain and provide AdHawk MindLink, including all features and functionality of AdHawk MindLink;
  • To carry out our obligations arising from any contracts entered into between you and us;
  • To comply with internal policies and procedures and other legal, accounting, or security requirements;
  • To share your personal information with our employees, contractors, consultants and other third party service providers such as application hosting providers, cloud storage providers, payment processors or customer service agencies (“Third-Party Processors”) who require this information to assist us with establishing, maintaining and managing our relationship with you and optimizing and providing AdHawk MindLink for your use and benefit. Please note that we may change or add Third-Party Processors at any time, in our sole discretion, either in Canada or elsewhere. Whenever we engage a service provider, we require that its privacy and security standards comply with this policy and applicable Canadian laws. We encourage you to reference this Policy from time-to-time, to obtain updated information. Given the nature of cloud services, personal information may be stored outside Canada, anywhere in the world, and may be accessible to foreign courts, law enforcement and national security authorities in the jurisdiction(s) where it is transferred or stored, regardless of the safeguards we have put in place to protect that information, and these other jurisdictions with different privacy laws may or may not be as comprehensive as Canadian law. In any event, we will comply with applicable local law requirements relating to the conditions for disclosure or release of personal information.

We will only process your personal information for the Purposes for which we intend to process such information. Otherwise, we will not process your personal information without your consent except where permitted by law.

Disclosure of your personal information

We may disclose your personal information for the Purposes as described in this Policy in the following ways:

  • To our employees, contractors, professional advisors, and agents on an as-needed basis;
  • To our Third-Party Processors;
  • To law enforcement, government or regulatory bodies, or other lawful authorities as necessary or appropriate to respond to legal processes, law enforcement, regulatory bodies, or in connection with an investigation on matters related to public safety, to address a violation of our Terms of Service, or to protect our rights; and
  • To a third party purchaser, investor, or receiver in connection with an organizational restructuring of our company such as a sale, merger, or acquisition; in the event of insolvency, bankruptcy, or receivership; or in contemplation of transactions, such as in due diligence. If any of our assets are sold or transferred to a third party, your information may be one of the transferred business assets

Your personal information that we collect will be stored and potentially processed in the United States but only in relation to the Purposes. As a result, your personal information may be accessible to law enforcement and regulatory authorities in accordance with the applicable federal and state laws of the United States.

Legal basis for processing your personal information

Consent

We will process your personal information only with your knowledge and consent, except where exempted, required or permitted by applicable laws. The form of consent may vary depending on the circumstances and the type of information being requested. Your consent may be express with clear options to say “yes” or “no”, such as by being asked to check a box to indicate your consent, or implied, such as when you provide us with your address through a form or email seeking information and we use those means to respond to your request. Your consent can also be provided by your authorized representative. Taking into account the sensitivity of your personal information, purposes of collection, and your reasonable expectations, we will obtain the form of consent that is appropriate to the personal information being processed. By using AdHawk MindLink, or otherwise by choosing to provide us with your personal information, you acknowledge and consent to the processing of your personal information in accordance with this Policy and as may be further identified when the personal information is collected. When we process your personal information for a new purpose, we will document that new purpose and ask for your consent again.

If you do not consent to the processing of your personal information in accordance with this Policy, please do not access or continue to use any aspect of AdHawk MindLink or otherwise provide any personal information to us.

You may refuse to provide consent or may notify us at any time that you wish to withdraw or change your consent to the processing of your personal information without penalty, subject to legal or contractual restrictions and reasonable notice by (i) stopping use of AdHawk MindLink, or (ii) opting out of the use of your personal information by contacting our Privacy Officer (see Section 10 below). However, if you withdraw or change your consent, we may not be able to provide you with AdHawk MindLink.

Other legal bases

Aside from consent, we may also process your personal information under other legal bases, as permitted by applicable law.

Security of personal information

The security of your personal information is important to us. We protect personal information using physical, technological and organizational safeguards. We regularly review our practices to ensure they align with reasonable industry practices appropriate to the level of sensitivity to safeguard personal information against loss or theft, unauthorized access, alteration or disclosure.

However, no method of transmission over the Internet, or method of electronic storage, is completely secure; as such, despite our safeguards and protocols, we cannot fully guarantee the security of your personal information and you should always exercise caution when disclosing personal information over the Internet. ANY USE OF ADHAWK MINDLINK OR TRANSMISSION OF YOUR PERSONAL INFORMATION IS AT YOUR OWN RISK.

Requests for access to and correction of personal information

Applicable privacy laws grant individuals certain rights in respect of their personal information. These include:

  • Right to access: You have the right to access a copy of your personal information held by us, and to receive information about the ways in which that personal information is being used and a description of whom that information has been disclosed to. In some situations, we may not be able to provide access; if we refuse an access request, we will notify you in writing, document the reasons for refusal and outline further steps which are available to you;
  • Right to withdraw consent: You have the right to revoke consent to use or communication of your personal information at any time by emailing us at privacy@adhawkmicrosystems.com. We may be unable to process an application on your behalf or offer you certain Services if you withdraw your consent. Withdrawing your consent will not affect the lawfulness of any processing which happened before such withdrawal, nor does it create an obligation for us to delete personal information which we are otherwise allowed or required to retain under applicable law; and
  • Right to correction or rectification: You have the right to request that we make a correction or amendment of your personal information (if we do not correct or amend your information to your satisfaction, we will annotate the personal information under our control with a note that the correction was requested but not made).

If you are a resident of the province of Québec, the following rights are available to you in addition to the rights identified above:

  • Right to portability: You have the right to receive your Information in a structured, commonly-used and machine-readable format. You also have the right to request that we transmit your Information to another organization; and
  • Right to de-indexation: You have the right to request, in certain circumstances, that we cease disseminating your personal information or to de-index any hyperlink that allows access to that Information by technological means, if such dissemination contravenes applicable law or a court.

These rights may be limited, for example, if fulfilling your request would reveal personal information about another person, or if you ask us to delete information which we are required by law or have compelling legitimate interests to keep. If you have unresolved concerns, you have the right to complain to a data protection authority where you reside, where you work or where you believe there has been an infringement of data protection or privacy laws.

If rights request cannot be met, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal.

CASL policy

We are committed to compliance with Canada’s Anti-Spam Legislation (“CASL”). Any electronic communication we send to outside parties is protected by a range of business procedures, processes and policies to ensure that such communication is done in compliance with CASL. In our electronic communications with outside parties, we comply with the rules established by CASL and enforced by various Canadian authorities including the Canadian Radio-television and Telecommunications Commission. CASL regulates, and our policies generally apply to, each commercial electronic message (a “CEM”) that we send. A CEM is an electronic message sent to an electronic address that, among its purposes, encourages participation in a commercial activity.

In addition to adopting and updating this Policy, we undertake various transparency initiatives to ensure we comply with CASL, which include:

  • Consent— we do not send you CEMs without your consent. This consent typically must be “express” (expressly acknowledged by you), but in certain circumstances can be “implied”. In other limited circumstances businesses are exempt from consent requirements. We adopted our sign-up, registration and consent forms in order to ensure that your consent is meaningful (i.e. informed and freely given) as required by CASL. When we collect your electronic contact information, you will know the exact purposes behind the collection.
  • Content— we adopted processes to ensure that our CEMs contain the following requirements prescribed under CASL, which will usually be in the footer of the CEM. We will identify ourselves as the party sending the CEM, and whether we are sending the message on our own behalf or on behalf of someone else; provide you with our contact information; and set out a clear, working unsubscribe mechanism or preference centre that is easy to use, automatic, and at no cost to you (other than your own cost of connecting to the Internet).
  • Clarity— we ensured that each aspect of a CEM, including its header, content, or any links or URLs in the CEM) conveys the appropriate information, whether viewed individually or taken as a whole, so that you always know what you are clicking on.

If you receive a CEM from us but believe that you should not have or no longer wish to receive CEMs, we will aim to respect your preferences in a timely manner once you update them through our unsubscribe mechanism. CASL requires us to process unsubscribe requests within 10 business days. If you have any questions or concerns about our unsubscribe options, you may contact us at the address indicated in Section 10 below.

Retention of your personal information

We generally keep personal information for only as long as it is needed to accomplish the purposes for which it was collected, or as needed for authorized or legitimate purposes. More specifically, unless retention is required for a longer period in accordance with applicable law, we retain personal information for only as long as necessary for the fulfillment of the identified Purposes for its collection or to protect our interests. When personal information is no longer necessary or relevant for the identified Purposes, or is required to be retained by applicable laws, we will take steps to have it deleted, destroyed, erased, aggregated or made anonymous. We use reasonable industry practices to ensure we have adequate controls, schedules and practices for information and records retention and destruction which apply to personal information.

Updates or changes to this policy

This Policy was last updated on December 16, 2023. We will occasionally update this Policy and revise the “last updated” date appearing in this paragraph.

If we make any material changes we will either (a) notify you by email, or (b) provide a notice on the Application before the change becomes effective. Any change to this Policy will apply to existing information, as well as information collected onwards from the date that this Policy is posted or on the date as specified in the notification. We encourage you to periodically review this page for the latest information on our privacy practices to ensure you are aware of any changes. Your continued use of AdHawk MindLink signifies your acceptance of any changes to this Policy.

Contact information for Privacy Officer

You can direct any questions or concerns regarding our compliance with this Policy and our processing of your personal information to our Privacy Officer by emailing privacy@adhawkmicrosystems.com.

If you are not satisfied with our Privacy Officer’s response to your question or concern, you may be able to file a complaint under applicable privacy laws. Our Privacy Officer will provide you with the contact information to do so if requested. We strive to offer an accessible and simple complaint procedure. We will promptly investigate all complaints received, and if a complaint is justified, we will take the necessary steps to resolve the issue in question.

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