Birds Eye

1. Introduction

Birds Eye ("we," "our," or "us") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our virtual reality experiences, website, and related services (collectively, the "Services").

Please read this Privacy Policy carefully. By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy. If you do not agree with our policies and practices, please do not use our Services.

2. Information We Collect

We collect several types of information from and about users of our Services:

2.1 Information You Provide

Account information: When you create an account, we collect your name, email address, organisation details, and other contact information.
Payment information: When invoicing for our Services, we collect billing information.
Communications: Information you provide when you contact us for support or other inquiries.

2.2 Information We Collect Automatically

VR Usage Data: We collect metrics and event data related to how End Users interact with our VR experiences, including:

Movement and navigation patterns within VR environments
Interaction with virtual objects and elements
Responses to questions or prompts within VR experiences
Duration and frequency of VR sessions
Performance metrics related to tasks completed in VR

We treat VR usage data as sensitive information and apply enhanced protections. While we do not intentionally collect health-related data, we acknowledge that VR interaction data might inadvertently reveal information such as motion patterns or potential discomfort indicators. We implement additional safeguards for this data.

Device Information: Information about the VR headsets and devices used to access our Services, including device type, operating system, and unique device identifiers.

3. How We Use Your Information

We use the information we collect for various purposes, including:

3.1 Service Provision and Improvement

To provide, maintain, and improve our Services
To develop new features, products, and services
To personalise your experience with our Services
To respond to your requests, inquiries, and support needs
To process payments and manage your account

3.2 Analytics and Research

To understand how users interact with our VR experiences
To generate aggregated statistics and analytics reports
To evaluate the effectiveness of our VR experiences
To research and develop new VR content and experiences

3.3 Communications

To communicate with you about your account or our Services
To provide you with updates, security alerts, and support messages
To inform you about changes to our Services, policies, or terms

4. How We Share Your Information

We do not sell or rent your personal information to third parties. We may share your information in the following circumstances:

4.1 With Your Organisation

If you are accessing our Services through an organisation (such as your employer or school), we may share usage data and analytics with administrators of that organisation.

4.2 Service Providers

We may share your information with third-party vendors, consultants, and other service providers who require access to such information to perform work on our behalf, such as hosting providers, payment processors, and analytics providers.

These service providers:

Are contractually bound to keep personal information confidential and use it only for the purposes for which we disclose it to them
Must implement appropriate security measures that meet or exceed our own standards
Are prohibited from using the data for their own purposes
Are subject to regular compliance monitoring and assessments
Must promptly notify us of any data breaches or security incidents

We maintain a register of all third-party service providers with access to personal information and review their compliance annually.

4.3 Legal Requirements

We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).

4.4 Business Transfers

If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction.

4.5 With Your Consent

We may share your information for any other purpose with your consent.

5. Data Security

We implement appropriate technical and organisational measures to protect the security of your personal information. Our security measures include:

Encryption of personal data in transit and at rest
Access controls and authentication measures for staff and systems
Regular security assessments and penetration testing
Staff training on data protection and security practices
Physical security measures for our premises and equipment
Incident response procedures and regular security updates

We regularly review and update these measures to reflect current best practices. However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your personal information, we cannot guarantee absolute security of your information transmitted to our Services.

6. Data Retention

We maintain specific data retention periods to ensure we keep your personal information only for as long as necessary:

Account information: Retained for the duration of your active account plus 24 months after account closure
VR usage data: Retained for 12 months from collection
Analytics data: Retained in identifiable form for 24 months, then anonymised
Communications: Retained for 36 months from last interaction

We may retain certain information for longer periods where legally required for tax, accounting, or legal compliance purposes. When determining appropriate retention periods, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure, the purposes for which we process your personal information, and applicable legal requirements.

7. Children's Privacy

Our Services may be used by individuals under 18 years of age, particularly in educational settings. We are committed to protecting the privacy of children and comply with applicable laws regarding children's privacy.

7.1 Information Collection from Children

We may collect certain information from children as described in Section 2, but only in the context of educational services provided through schools or other educational institutions.

7.2 Parental Consent

We rely on the educational institution to obtain appropriate consent from parents or guardians before children use our Services. Educational institutions should ensure they have obtained all necessary consents in accordance with applicable laws.

To verify compliance, we:

Require educational institutions to confirm in writing that they have obtained necessary parental/guardian consents
Provide template consent forms and guidance to educational institutions
Conduct periodic compliance checks with our educational institution clients
Offer direct support to parents who have questions about their children's data

If you are a parent or guardian and have concerns about your child's data, you may contact us directly using the information in Section 13.

7.3 Access and Control

Parents or guardians can review, delete, or prohibit further collection of their child's information by contacting the educational institution. Upon request from the educational institution, we will provide access to information collected from children or delete such information from our records.

8. Cookies and Tracking Technologies

8.1 Cookies

We use cookies on our website for authentication purposes when you log in to your account. Cookies are small text files stored on your device that help us maintain your session and remember your preferences.

8.2 Analytics

While we currently do not use tracking technologies, we may in the future implement analytics tools such as Google Analytics and Mouseflow to help us understand how visitors interact with our website. These tools collect information sent by your browser or device, including IP address and browser characteristics.

8.3 Your Choices

Most web browsers allow you to control cookies through their settings preferences. However, if you limit the ability of websites to set cookies, you may impact your overall user experience.

9. Your Rights and Choices

Depending on your location, you may have certain rights regarding your personal information:

9.1 Access and Correction

You have the right to access and correct your personal information that we hold. You can update your account information by contacting us directly.

9.2 Deletion

You may request deletion of your personal information in certain circumstances, subject to our legitimate business purposes and legal obligations to retain certain information.

9.3 Objection and Restriction

You may have the right to object to or request restriction of processing of your personal information.

9.4 Data Portability

You may have the right to receive your personal information in a structured, commonly used, and machine-readable format.

9.5 Withdrawal of Consent

Where we rely on your consent to process your personal information, you have the right to withdraw your consent at any time.

To exercise any of these rights, please contact us using the information provided in Section 13.

10. International Data Transfers

We primarily operate and process data in New Zealand and Australia. If we transfer your information to locations outside your country of residence, we implement the following safeguards:

Standard contractual clauses approved by relevant data protection authorities
Ensuring recipient countries have adequate data protection laws or certification mechanisms (such as Privacy Shield for US transfers when applicable)
Data minimisation to limit the transferred information
Encryption and anonymisation techniques for data in transit
Regular audits of our data transfer mechanisms

For clients and users in the European Economic Area, we comply with GDPR requirements for international data transfers. For all other international clients, we maintain safeguards that meet or exceed New Zealand Privacy Act requirements.

11. Future Applications of GDPR and Other Privacy Regulations

Although we currently operate primarily in New Zealand and Australia, we are preparing for future expansion. As we grow internationally, we will update our practices to comply with relevant privacy regulations, including the General Data Protection Regulation (GDPR) when serving European users, the California Consumer Privacy Act (CCPA) for California residents, and other applicable privacy laws.

12. Changes to Our Privacy Policy

We may update this Privacy Policy from time to time. If we make material changes, we will notify you by posting the updated Privacy Policy on our website or by directly communicating with you. Your continued use of our Services after such changes indicates your acceptance of the updated Privacy Policy.

13. Specific Provisions for New Zealand

13.1 Privacy Act 2020

We comply with the New Zealand Privacy Act 2020 and its Information Privacy Principles (IPPs). These principles govern how we collect, use, disclose, store, and provide access to your personal information.

13.2 Office of the Privacy Commissioner

If you are a New Zealand resident and believe that we have not adequately addressed your privacy concern, you have the right to complain to the Office of the Privacy Commissioner (www.privacy.org.nz).