The controller pursuant to data protection legislation is:
Fuartis GmbH • Kattenturmer Heerstraße 120 L • 28277 Bremen • Germany
The protection of personal data has the highest priority for us. We would therefore like to inform you about which data we collect, when we collect it and how we process your personal data. This privacy statement describes the collection and processing of personal data via the App for the virtual try on of eyewear (hereinafter: “App”).
To use the App and perform a virtual fitting of eyewear it is neither necessary nor possible to provide any personal data. Through the built-in camera of the device in use a face image shall be recorded. Such image shall, however, only be stored locally – i.e. on the device in use – and temporarily for the duration of the virtual fitting.
To place an order via the App it is necessary to provide some personal data. The order function is only available to retailers using the App with their clients. Such final customers may not place orders via the App.
When placing an order the following personal data shall be collected:
These data is necessary for the performance of the contract between retailer and manufacturer. The legal basis for processing is therefore art. 6 par. 1 lif. b) GDPR.
In principle and unless otherwise stated, your personal data will only be retained until the purpose of the collection and processing is achieved.
Furthermore, data may be stored if required by European or national regulations and laws which we are subject to. The data will also be erased if the retention period prescribed by any of the aforementioned regulations expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.
Unless otherwise specified, all processing activities take place within the EU or EEC.
We access your smartphone’s camera and TrueDepth™ Face Data exclusively in order to calculate the position and size of the virtual glasses.
This happens only on your local device.
The resulting image and facial data is processed only insofar as is necessary to create the Augmented Reality, and is neither stored by us nor shared with third parties.
If your personal data are processed, you are affected within the meaning of the GDPR and you have the following rights against the Controller:
You can require the Controller to confirm whether personal data concerning you are processed by us.
If such processing takes place, you can request to be informed by the Controller about the following:
(1) the purposes for which the personal data is processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you has been or is still being disclosed;
(4) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the Controller or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) any available information on the origin of the data if the personal data is not collected from the data subject;
(8) the existence of automated decision-making including profiling, referred to in Art. 22 para. 1 and 4 GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transmission.
You have a right to rectification and/or completion against the data Controller if the personal data processed concerning you is inaccurate or incomplete. The Controller shall apply rectifications without undue delay.
Under the following conditions, you may request the restriction of processing of personal data concerning you:
(1) if you contest the accuracy of the personal data concerning you for a period that enables the data Controller to verify the accuracy of the personal data;
(2) if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(3) if the data Controller no longer needs the personal data for the purposes of the processing, but you do need them for the establishment, exercise or defence of legal claims or
(4) if you have objected to processing pursuant to Art. 21 para. 1 GDPR pending the verification whether the legitimate grounds of the Controller override those of the data subject.
If the processing of personal data concerning you has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If processing has been restricted according to the above conditions, you will be informed by the Controller before the restriction is lifted.
You have the right to obtain from the Controller the erasure of personal data concerning you without undue delay and the Controller has the obligation to erase personal data without undue delay where one of the following grounds applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent, on which the processing was based according to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal ground for the processing.
(3) You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.
(4) The personal data concerning you have been unlawfully processed.
(5) The personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subject;
(6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.
Where the Controller has made the personal data concerning you public and is obliged pursuant to Art. 17 para. 1 GDPR to erase the personal data, the Controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform Controllers which are processing the personal data that you, the data subject, have requested the erasure by such Controllers of any links to, or copy or replication of, those personal data.
The right to erasure does apply to the extent that processing is necessary
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the Controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;
(3) for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 DSGVO, insofar as the right referred to under a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
(5) for the establishment, exercise or defence of legal claims.
If you have exercised your right to have the data Controller rectify, erase or limit the processing, the Controller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.
You have the right to receive the personal data concerning you, which you have provided to a Controller, in a structured, commonly used and machine-readable format. In addition, you have the right to transmit those data to another Controller without hindrance from the Controller to which the personal data have been provided, where:
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out by means of automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one Controller to another, where technical feasible. This shall not adversely affect the rights and freedoms of others.
The right to transferability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller.
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on those provisions.
The Controller shall no longer process the personal data unless the Controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time without giving reasons to the processing of the personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR
Due to the dynamic development of the Internet, new technologies and possibilities are constantly developing. To enable us to offer you these possibilities and technologies, we reserve the right to change this privacy statement for the future when introducing new, additional or when changing or extending existing services or service elements.