Vuzix is committed to protecting the privacy of its customers and complying with applicable data privacy regulations, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and New York’s Stop Hacks and Improve Electronic Data Security (SHIELD) Act. This Data Privacy Policy (hereinafter “the Policy” or “this Policy”) outlines how Vuzix will handle personal data in compliance with these regulations.

Vuzix keeps this Policy under regular review. If we make material changes to this Policy, we will provide notice of such changes by posting the revised policy on the Vuzix website (here), and where appropriate, by other means.

1. SCOPE

This Policy applies to all personal data collected, processed, and stored by Vuzix in relation to our customers, employees, and any other individuals whose personal data or personal information we may collect in the course of regular business activities, including but not limited to information collected through  a visitor’s use of one or more of our websites, e.g., (https://www.vuzix.com/), (https://vuzix.asia/), (https://vuzix.uk/), (https://www.vuzix.eu/), (https://www.vuzixjapan.com/), (https://ir.vuzix.com/), and (https://apps.vuzix.com/) referred to collectively herein as “our Website(s)” or “the Website(s)”, any information that is accessed by any application that Vuzix makes available on it’s App Store, and any information we or our employees collect in person or over the telephone.   

Our Website(s) and any available Apps may contain links to websites operated by others. The pertinent provisions of this Policy only apply to information collected by our Website(s). Privacy policies for these third-party sites, Apps, and services may be different from this Policy. Access to these third-party sites , Apps, and services is undertaken at the visitor’s own risk.

2. INFORMATION WE COLLECT

The information we collect generally falls into the following two categories: "Personal Information" and "Non-Personally Identifiable Information." Personal Information refers to information that lets us know the specifics of who you are (for example, your name, job title, company, physical mailing address, e-mail address, telephone and fax numbers and, if applicable, financial information such as your credit card information). Non-Personally Identifiable Information refers to information that does not by itself identify a specific individual. If we do combine Non-Personally Identifiable Information with Personal Information, the combined information will be treated as Personal Information for as long as it remains combined.

In general, we collect your Personal Information when you voluntarily provide it to us, such as when you register with us, place an order for products or services, or submit your information to us in one of our online web-forms. We also collect information when you voluntarily complete customer surveys, provide feedback, and participate in competitions.

Vuzix will only collect, process, and store Personal Information if there is a lawful basis for doing so. These may include:

• Consent: you have given clear consent for your Personal Information to be processed for a specific purpose.
• Contractual necessity: The processing of Personal Information is necessary for the performance of a contract with you.
• Legal obligation: The processing of Personal Information is necessary to comply with a legal obligation.
• Vital interests: The processing of Personal Information is necessary to protect the vital interests of you or another person.
• Legitimate interests: The processing of Personal Information is necessary for the legitimate interests pursued by Vuzix or a third party, except where such interests are overridden by your interests or fundamental rights.

The principles set forth in this Policy apply equally to Vuzix-authored applications or “Apps” that are made available on our App Store. A “Vuzix-authored” App means an App that was written and developed substantially by Vuzix employees and identified as a Vuzix property in associated documentation. For Vuzix-authored Apps, in general, we do not collect or store any Personal Identifiable Information. In the rare circumstances that a Vuzix-authorized App may have access to Personal Identifiable Information, Vuzix will indicate the uses and associated rights that you have in any associated documentation or description of the App on our App store. Third parties may also publish or otherwise make available one or more Apps via the Vuzix App store. For Apps that third parties create, we encourage you to read any documentation provided by said third party when downloading and using their Apps for privacy policy information.

Location data may be obtained from a user’s phone by the Vuzix Companion App. The user must enable location services within the Vuzix Companion App and the phone operating system (OS). If enabled by both the Vuzix Companion App and the phone OS, location data is forwarded to Vuzix’ smart glasses from the phone. The Vuzix Companion App does not directly send location data to any website or third-party and does not log the location data. Location data, once shared by the phone to the smart glasses may be shared to any application running on the smart glasses including third-party applications. The shared location data can be controlled, on a per-application basis, by the user from within the smart glasses operating systems’ settings menu.

Similarly, location data may be obtained from a user’s phone by the Vuzix Connect App. Location data obtained by the Vuzix Connect App is only used while actively engaged in pertinent activity where location is required by the app, e.g., fitness, navigation, etc. Additionally, this location data is only used within the Vuzix Connect App and not sent to or logged by third-parties.

In addition, our Website(s) may use "cookies" to gather Non-Personally Identifiable Information. Cookies are files placed on your computer to collect standard internet log information and visitor behavior information. This information is used to track visitor use of the Website(s) and to compile statistical reports on Website activity. For further information visit www.aboutcookies.org or www.allaboutcookies.org. You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, in a few cases some of our Website’s features may not function as a result.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

3. WHY AND HOW IS YOUR INFORMATION BEING USED OR PROCESSED 

Personal Information you provide to us is used to:

• process your order, manage your account, deliver the goods or services you request (including communicating with you about your Vuzix products, services and subscriptions to our publications or software),
• to respond to your inquiries and contact you about our Website’s services based on your consent.
• to manage subscriptions to Vuzix publications, including emails notices, e-newsletters.
• to access certain features or functions of one or more of our Website(s) or Apps.

In processing your order, we may send your details to our third-party product fulfillment agents and use financial information you submit or information from credit reference agencies and fraud prevention agencies to verify your credit and collect payments for your purchases, orders, and registrations.

If you have consented to receive marketing communications from us, you have the right to opt out at any time. If you no longer wish to be contacted for marketing purposes, please email us at [email protected].

Other than as set forth above, we may use and/or disclose your information, including your Personal Information, in the following circumstances:

• To enforce, and/or investigate violations of the Terms of Use of our Website(s), Apps, or any violation of this Policy;
• Although unlikely, your Personal Information may be disclosed to the governments, courts, law enforcement or regulatory agencies under a lawful order in a jurisdiction where you are located and/or where your Personal Information is stored and/or processed. You cannot opt out of disclosure of your Personal Information if required by lawful order;
• To allow our official third-party distributors, resellers, and services providers to support your products; and,
• To allow our official third-party distributors and resellers to respond to a request made by you.

Vuzix may share your Personal Information with third parties as indicated above and as consistent with this Policy. Except as permitted or required by applicable law, Vuzix requires third party controllers or processors to whom it discloses your Personal Information to either (i) subscribe to the relevant Privacy Principles or (ii) contractually agree that data and Personal Information will only be processed for limited and specified purposes consistent with the consent given by you, that the recipient will provide data protection by taking all necessary technical and organizational measures to ensure the security and confidentiality of the information processed on our behalf, and that the recipient will notify Vuzix if it makes a determination that it can no longer meet those obligations.

4. DATA INTEGRITY AND PURPOSE LIMITATION

Vuzix takes reasonable steps to ensure that the Personal Information that it processes is processed while upholding the following data protection principles:

• Lawfulness, fairness, and transparency: Personal Information will only be collected and processed lawfully, fairly, and in a transparent manner.
• Purpose limitation: Personal Information will only be collected and processed for specified, explicit, and legitimate purposes.
• Data minimization: Personal Information will be adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
• Accuracy: Personal data will be accurate and kept up to date, complete, and accurate.
• Storage limitation: Personal data will be kept for no longer than necessary.
• Integrity and confidentiality: Personal data will be processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage.