Privacy Policy
Overview
Privacy Policy
Effective Date: November 14, 2023
We at 8th Wall know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy ("Privacy Policy"). By using or accessing our Services ("Services") in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.
Remember that your use of 8th Wall’s Services is at all times subject to the Terms and Conditions ("Terms and Conditions"), which references and incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms and Conditions.
What does this Privacy Policy Cover?
This Privacy Policy covers our treatment of information that relates to or could be associated with an individual ("Personal Information") that we gather when you are accessing or using our Services, but not to the practices of companies we don’t own or control, or people that we don’t manage.
We may gather various types of Personal Information from you, as explained in more detail below, and we use this Personal Information in connection with our Services.
Will 8th Wall ever change this Privacy Policy?
We are constantly improving our Services, so we may need to change this Privacy Policy from time to time. We will alert you to changes by placing an updated version of the policy on this page, placing a notice on 8thwall.com, by sending you an email, and/or by some other means.
Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of our Services, and you are still responsible for reading and understanding them. If you use our Services after any changes to the Privacy Policy have been posted, this means you agree to all of the changes.
About 8th Wall
8th Wall is on a mission to make augmented reality for everyone and we are doing this by harnessing the power and freedom of the web. We equip developers, agencies and brands with powerful tools to create extraordinary reality content that can be accessed by users in the browser.
Our Services include:
- Platform Tools like the 8th Wall Cloud Editor which Developers use to create, collaborate and publish 8th Wall hosted WebAR and WebVR experiences using 8th Wall Hosting Services. This includes accessing and cloning code made available via templates and public-facing projects.
- SDKs like our AR Engine which developers use to create Self-Hosted and app-based experiences.
- APIs that are integrated into Developer projects and platforms.
- 8th Wall developed AR and VR experiences like those found in our Project Library or those used for marketing and support purposes which Developers use as a resource to learn and develop from and Visitors use to experience AR and VR.
- Marketing and Communications like our 8thWall.com website which Visitors use to learn more about WebAR, WebVR and 8th Wall, our newsletter and other email communication and documentation used to provide marketing and support of our Services. These marketing and communications may feature First-Party and Third-Party content.
You can use our Services in the following ways to manage your Privacy:
- Signing up for an 8th Wall account which allows you to create, collaborate and publish AR and VR content using our Platform Tools, SDKs and APIs.
- Accessing, viewing, cloning and interacting with AR and VR code and content created by Developers using our Services.
- Accessing, viewing, cloning and interacting with AR and VR code and content created by 8th Wall using our Services.
- Accessing and viewing our websites and receiving and responding to emails and other marketing and communications such as our newsletters.
If you have any questions about this Privacy Policy, you can contact us at support@8thwall.com.
Privacy Policy Key Terms
"Services" has the meaning as defined above.
"First-Party Content" means any app or website content created, managed and hosted by 8th Wall. This includes our marketing site, marketing and support communications and website content developed internally using our Services and our Hosting Services.
"Third-Party Content" means any app or website content created and managed by a Developer using our Services. This includes content on our Hosting Services as well as content which is Self-Hosted. This also includes Third-Party content that is distributed in First-Party Content, and on an Ad Platform.
"Hosting Services" means the components of our Services that enable Developers to create and publish Third-Party content hosted on 8th Wall servers.
"Self Hosted" means the components of our Services that enables Developers to create and publish Third-Party content hosted on their own servers.
"Developer" means any person or entity that is registered with us to use the Services.
"End User" means a person that accesses, views and/or interacts with Third-Party Content created by a Developer that makes use of our Services, whether it be Self-Hosted or using our Hosting Services.
"Visitor" means, depending on the context, any person who accesses, views and/or interacts with our First-Party Content as well as a person who visits our offices, or otherwise engages with us at our events or in connection with our marketing, support and recruitment activities.
"Personal Information" means information that relates to or could be associated with an individual.
"You" and "Your" means, depending on the context, either a Developer, an End User, or a Visitor.
User Privacy
Privacy for End Users
When you access, view and/or interact with Third-Party Content created with our Services, 8th Wall generally doesn't attempt to process information about who you are, but does process device and application information such as an IP address, which is considered Personal Information in some jurisdictions such as the European Economic Area.
From an End User, we collect information about the device and application you use to access the content, such as your IP address, your operating system, your browser user agent, and information related to your use of the site including the length of time spent on the site and device and session identifiers that cannot be used to track users across different Third-Party Content or First-Party Content. IP addresses are only collected in standard raw web server logs for system/health monitoring purposes.
Some Third Party Content created with our Services may enable you to:
- view and interact with the same virtual objects at the same time in a shared physical space with other End Users, as well as interact with and place virtual objects at real world locations. In order to provide this experience, we collect geospatial data and images from your device camera and sensors when you interact with this Third Party Content.
- save data to a new or existing Niantic Profile. The processing of information related to your Niantic Profile is covered by Niantic’s privacy policy, which can be found at https://nianticlabs.com/privacy.
8th Wall generally operates as a processor for Third-Party Content, meaning we process related Personal Information pursuant to our agreements with Developers. We may use the information that we collect to improve our Services. Any Developer that uses our Services to create Third-Party Content using our Hosting Services or Self-Hosted may be collecting additional Personal Information for their own products or services when you visit their site. 8th Wall is not in control of additional data that may be collected by a Developer for this content. When accessing, viewing and/or interacting Third-Party Content, including saving data to your Niantic Profile you should consider the privacy practices and policies of each Developer carefully.
When First-Party or Third-Party Content is linked from or embedded within an Ad Platform, or when First-Party or Third-Party Content contains online advertisements, additional data may be collected by the Ad Platform. When viewing an advertisement you should consider the privacy practices and policies of each Ad Platform carefully.
If you make a purchase in First Party Content or Third Party Content, we use a third party payment processor, Stripe, to process your purchase. The processing of this data is covered by Stripe’s privacy policy, which can be found at https://stripe.com/privacy. 8th Wall does not store your credit or debit card details.
Privacy for Visitors
Whenever you access, visit and/or interact with our First-Party Content, such as our AR and VR experiences, marketing website, contact 8th Wall via email, subscribe to our mailing list or respond to our surveys, we automatically receive and record information on our server from your browser or device, which may include your IP address, geolocation data, device identification, "cookie" information, the type of browser and/or device you’re using and the page you requested.
Some First Party Content may enable you to:
- view and interact with the same virtual objects at the same time in a shared physical space with other Visitors, as well as interact with and place virtual objects at real world locations. In order to provide this experience, we collect geospatial data and images from your device camera and sensors when you interact with this First Party Content.
- save data to a new or existing Niantic Profile. The processing of information related to your Niantic Profile is covered by Niantic’s privacy policy, which can be found at https://nianticlabs.com/privacy.
Additionally, we may collect information that is included in the input or
To the extent the above data includes Personal Information, we may aggregate or de-identify this data to analyze the effectiveness of our Services and First Party Content, to improve and add features to our Services, to prevent abuse, and to conduct research and for other similar purposes. We will maintain and use de-identified information in anonymous or de-identified form and we will not attempt to re-identify the information.
If you click on a link to external sites or services from our First-Party Content, a third-party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices.
If you’ve given us your email address, we may send you 8th Wall marketing and promotional emails. We may receive a confirmation when you open an email from us. This confirmation helps improve our communications with you and makes them more interesting. If you do not want to receive communications from us, please indicate your preference by contacting support@8thwall.com.
Privacy for Developers
As a Developer, by registering for an 8th Wall account and creating a Niantic Profile, we receive and store any information you knowingly provide to us. For example, through the registration process and/or through your account settings, we may collect Personal Information such as your name, email address, phone number, and employer, as well as commercial information such as billing and payment information. If you use an external single sign-on provider to log in to your Niantic Profile, the Personal Information collected depends on which provider you choose to use. For more information about how Personal Information is processed in connection with your 8th Wall account and Niantic Profile, please see https://nianticlabs.com/privacy.
Certain information may be required to register with us or to take advantage of our Services. If you use 8th Wall Payments, we share some of this information with our payment processing provider, Stripe, in order for them to carry out onboarding and identity verification. Where information is shared with Stripe for these purposes, it will be processed in accordance with Stripe’s Privacy Policy, which can be found at https://stripe.com/privacy.
We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you 8th Wall marketing and promotional emails, or email you about your account and use of our Services. We may receive a confirmation when you open an email from us. This confirmation helps improve our communications with you and makes them more interesting. If you do not want to receive communications from us, please indicate your preference by contacting support@8thwall.com.
When you use our Services, we may automatically collect or receive certain information about your device and usage of our Services (collectively "Service Usage Data"). In some (but not all) countries, including countries in the European Economic Area ("EEA"), this information is considered Personal Information under applicable data protection laws. We use cookies and other tracking technologies to collect some of this information. For further information, please review the "Our Cookie Policy" section below.
Service Usage Data may include:
- Account Data: Data you provide, manage and maintain in relation to our Services, such as source code, billing preferences, project metadata, and files and their metadata.
- Usage Data: Information about how the site is functioning as you use it, for identifying and fixing issues and improving the site quality of experience. Examples include server request logs including their latency, error status, and other diagnostic info including IP address, operating system and browser type, and client logs including info about usage of certain product features and whether they are functioning correctly.
As part of the Services, we may provide you with access to the Niantic Wayfarer application to enable you to test and use certain AR features. Personal information collected through the Niantic Wayfarer application will be processed in accordance with the Niantic Business and Developer Services Privacy Policy, available at https://nianticlabs.com/privacy/business/.
General Information
How We Share Information
We do not rent or sell your Personal Information to anyone.
We may share your Personal Information with third parties as described in this section:
Information that’s been de-identified: We may de-identify your Personal Information so that you are not identified as an individual. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.
Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the identifiable Personal Information we share with them beyond what is necessary to assist us. Note that an "agent" may also be considered a "partner" in certain circumstances, and would be subject to the terms of the "Information that’s been de-identified" section in that regard.
User Submissions: Certain user profile information, including your name, employer, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments.
Business Transfers: We may choose to buy or sell assets, and may share and/or transfer Personal Information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
Protection of 8th Wall and Others: We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of 8th Wall, our employees, our users, or others.
Your Personal Information Choices and Opt-Outs
For Developers using our Services, you may access, and, in some cases, edit or delete the following information you’ve provided to us in your account settings:
- Name
- Password
- Email address
If you have saved any information to your Niantic Profile, you can access and delete this information by visiting the Connected Services tab at my.nianticlabs.com. You can also access and delete any ‘private scans’ uploaded through the Niantic Wayfarer application at any time through your 8th Wall account.
The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at support@8thwall.com. You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our Services. For example, some communications are considered transactional and necessary for account management and you cannot opt out of these messages unless you cancel your 8th Wall account.
You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by contacting support@8thwall.com. Some information may remain in our records after you delete your account. We may use any aggregated data derived from or incorporate your Personal Information after you update or delete it, but not in a manner that would identify you personally.
For Developers and Visitors, certain State Laws require us to indicate whether we honor "Do Not Track" settings in your browser. 8th Wall adheres to the standards set out in this Privacy Policy and does not monitor or follow any Do Not Track browser requests.
We do not knowingly collect, solicit, or use Personal Information in any manner that would allow us to identify, contact, or profile anyone under the age of 13. If you are under 13, please do not attempt to register for our Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with this information, please contact us at support@8thwall.com.
Parts of the Services may link to third-party services, which are not owned or controlled by 8th Wall. When you interact with these third parties and choose to use their service, you may be providing your information to them. Your use of these services is subject to the privacy policies of those providers.
Your Personal Information Security
As a Developer, your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We strive to protect the privacy of your account and other Personal Information we hold in our records but cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. You can read about 8th Wall’s security practiceshere.
Retention of Data
We retain Personal Information when we have an ongoing legitimate business or legal need to do so.
The period of retention will vary depending on the type of Personal Information involved but generally this decision is shaped by the following criteria:
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If the data is necessary to provide our Service.
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If we have a legal or contractual need to retain the data.
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If Developers have the ability to access, edit and delete the data within their 8th Wall account.
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If Developers would reasonably expect that we would retain the data until they remove it or until their 8th Wall account is closed or terminated.
Legal Basis for Processing Personal Information (EEA and UK Persons Only)
For those located in the EEA or UK only, the collection of Personal Information as described above will depend on the information and the context in which we collect it.
We will typically collect and use Personal Information from you where the processing of it is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Our legitimate interests are described in more detail in this privacy policy above, but they typically include optimizing the experience in your use of our Services and supporting our marketing activities.
If you are a Developer, we will need Personal Information to grant you access to our Services. In some cases, we may also have a legal obligation to collect Personal Information from you. If we ask you to provide Personal Information to comply with a legal requirement or to create an account with us, we will make this clear at the time and advise you whether the collection of this information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information.
If you are a Visitor, whenever you access, visit and/or interact with our First-Party Content, such as our marketing website, contact 8th Wall via email, subscribe to our mailing list or respond to our surveys, we automatically receive and record information on our server from your browser or device, which may include your IP address, geolocation data, device identification, "cookie" information, the type of browser and/or device you’re using and the page you requested. If you click on a link to external sites or services from our First-Party Content, a third-party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices.
We need to collect and use certain Personal Data to provide certain First Party Content to you. For example, to enable experiences which enable you to view and interact with the same virtual objects at the same time in a shared physical space with other Visitors, as well as interact with and place virtual objects at real world locations. Some First Party Content experiences also require your input or feedback in order to work.
Where required by law, we will collect Personal Information only where we have your consent to do so. If you have questions or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us at support@8thwall.com.
Your Rights in Relation to Your Personal Information under GDPR
Subject to the applicable provision of the GDPR, you have the following rights with respect to your Personal Information:
- If we rely on your consent to process your Personal Information, to withdraw that consent at any time, but this will not affect any processing of your Personal Information that has already taken place before withdrawal of your consent.
- To access your Personal Information (commonly known as a "data subject access request") along with certain other details in relation to its processing (if you require additional copies, we may need to charge a reasonable fee).
- To rectify your Personal Information if it is inaccurate or incomplete.
- To have your Personal Information erased if it is no longer necessary for the purposes for which it was processed; you have withdrawn your consent where previously given and there is no other legal ground for processing; you object to its processing for direct marketing purposes; or you object to the processing of your data based on a legitimate interest and there is no other overriding legitimate grounds for processing; or you consider it to have been unlawfully processed.
- To have the processing of your Personal Information restricted in certain circumstances, such as if you contest its accuracy or object to us processing it.
- To have your Personal Information transferred to another company in a structured, commonly used and machine-readable format, if you consented to give your Personal Information to us or it was provided to us as necessary in connection with our contract with you and if the processing is carried out by automated means.
- To object to the processing of your Personal Information, and we will cease processing it if (a) we are relying on a legitimate interest to process your Personal Information, unless we demonstrate compelling legitimate grounds for the processing or (b) we are processing your Personal Information for direct marketing.
- To lodge a complaint with your national data protection authority if you have a concern about our privacy practices, including the way we handle your Personal Information.
If you would like to submit a request to us to exercise your rights, please contact us at support@8thwall.com. Please note that you must verify your identity before we will process your request. You may be required to provide email confirmation or other information in order for us to verify your identity.
International Transfers
8th Wall operates in the United States. Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy, including offering our Developers a Data Processing Agreement available here.
If you have any concerns about your data protection as it relates to the country you are doing business, please contact us at support@8thwall.com.
California Privacy Rights
California law requires that we make certain disclosures about your data. The following disclosures are made pursuant to the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (“CCPA”).
In the preceding 12 months, we have collected the following categories of Personal Data: identifiers, commercial information, Internet or other electronic network activity information (including your input or feedback provided when interacting with First Party Content), geolocation data, and visual information. To learn more about the specific information we collect, the sources and purposes of such collection, please see the “Privacy for Developers”, “Privacy for End Users”, and “Privacy for Visitors” sections above.
We do not sell or share your Personal Information as those terms are defined under the CCPA.
Your CCPA Rights
You have the following rights in respect of your Personal Information:
- to request the categories and specific pieces of Personal Information we have collected about you
- to request the deletion of your Personal Information, subject to certain exceptions.
- to request the correction of any inaccurate Personal Information that we maintain about you.
- to exercise the privacy rights conferred to you under the CCPA without receiving discriminatory treatment.
If you would like to submit a request to us to exercise your rights, please contact us at support@8thwall.com. Please note that you must verify your identity before we will process your request. You may be required to provide email confirmation or other information in order for us to verify your identity.
Note that we do not collect or process sensitive Personal Information for the purpose of inferring characteristics about you. We also do not disclose sensitive Personal Information for purposes other than those specified in Section 7027(m) of the California Privacy Rights Act regulations promulgated by the California Privacy Protection Agency. Therefore, we do not offer you the option to limit the use of your sensitive Personal Information. Under California law, consumers have the right to opt out of the sale or sharing of their personal information. Because we do not sell or share data for this purpose, we do not offer this opt out.
What if I have questions about this Policy?
If you have any questions or concerns regarding our Privacy Policy, please send us a detailed message to support@8thwall.com, and we will try to resolve your concerns.
