Privacy Statement - OrCam Learn

ORCAM-LEARN PRIVACY STATEMENT

[Last Updated: May 2022]

This Privacy Statement (“Privacy Statement”), is an integral part of our Privacy Policy (“Privacy Policy”) Terms and Conditions (“T&C”) and Terms of Use (“Terms”) and governs the processing of information by using OrCam Learn device and application. Any terms used herein and not defined shall have the ascribed to them in the T&C and Terms. OrCam may update or revise this Privacy Statement from time to time, modifications to this Statement will be posted on Orcam Website or addressed directly to you if possible.

This Privacy Statement explains how the data is collected, used or shared with others, how it is safeguarded and how an individual may exercise their lawful rights related, among others, and where applicable, as required according to the EU General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”).

The data is collected through various technology and products (“OrCam Technology”) which includes: the OrCam Learn devices, for young school kids and students who are challenged with reading difficulties (“OrCam Device”); (ii) the OrCam cloud-based platform (“OrCam User Management System”) available through the web-interface app or the OrCam mobile app available on iOS and Google Play (“OrCam App”); and (iii) the OrCam Website, in which the individual may learn about the OrCam Technology and services as well as purchase an OrCam Device.

APPLICABILITY

The Privacy Statement applies to our Customers, Admins, Visitors Users and Child Users (each and collectively shall by defined as “you”), as further detailed herein:

A “Customer” shall mean an individual, business, school or other academy purchasing the OrCam Learn Device through the OrCam Website or through other means. Any and all Customers shall be over 18 years old.

An “Admin” shall mean the individual that registered as an “account manager” to the OrCam Learn User Management System through the OrCam web-app or mobile-app. The Admin shall be at least 18 years old, and in certain cases shall be the guardian, parent, school administrator of other Users. The Admin is able to add or remove users, meaning individuals using the OrCam Learn Device and System under the Admin’s account (each shall be defined as a “User(s)”). A “Child User” shall mean a User, which under applicable laws is defined as a “child” (for example, in the US, a child is an individual that is under the age of 13). The Admin shall be the guardian, parent, school administrator of such Child Users.

ADDITIONAL POLICIES

In the event you are a resident of California please review our Rights of California Residents Notice. If you are a Child User, please see our Children Privacy Notice.

CONTACT DETAILS OF THE CONTROLLER

The “OrCam Group” shall mean:

OrCam Technologies Ltd. registration number 514492388 the Israeli headquarters, Kiryat HaMada 3, Jerusalem, Israel;
OrCam Inc., Delaware registration number 5419322, 1115 Broadway, 11th floor, New York, NY 10010;
OrCam UK Ltd., registration number 98393788, 60 Gresham St., London, United Kingdom EC2V 7BB;
OrCam GmbH, registration number HRB 98213 Holbeinstraße 6, 50733 Cologne, Germany; and any other future subsidiaries or affiliates of the aforesaid companies.

Data Protection Officer “DPO”:

OrCam Technologies Ltd. as the data controller appointed a data protection officer that can be contacted at:dpo@orcam.com

EU Data Protection Representative “DPR” for EU data subjects:

OrCam GmbH

Address: Holbeinstraße 6, 50733 Cologne.

Phone number: +49 (0) 211 540 138 11.

Email address: eudpr@orcam.com

UK Data Protection Representative for UK data subjects:

OrCam UK Ltd., which is registered with the ICO ZB304836.

Address: 60 Gresham St., London, United Kingdom EC2V 7BB.

Phone number: 020-30484490.

Email address: ukdpr@orcam.com

Other:

If you have any questions or comments about this Privacy Statement, or any concerns with respect to how your privacy any information are handled, please contact our privacy team at: privacy@orcam.com or through the designated forms available on the OrCam Website.

WHICH DATA DO WE COLLECT AND FOR WHAT PURPOSE?

“Non-Personal Data ; Anonymized Data”: means non-identifiable, aggregated data, that is mainly data which is transmitted to us by your device when you access and interact with OrCam Technology, such as the type of browser, type of operating system, type of device used, the time and date you access the OrCam Technology, language preference, types and patterns of the OrCam Device’s usages etc. Non-Personal Data is used mainly for click stream analysis in order to provide, maintain, develop and enhance our services that may be provided therein (if applicable), and is not used to identify individuals.

In addition, we may take measures to de-identify or anonymize your personal data such that it is no longer identifiable (e.g., through aggregation or scrambling), and may use such anonymized or de-identified data for various purposes including for creating benchmark database of reading quality, on an aggregate basis, to be shared with third parties such as other users of the OrCam Device and school districts.

“Personal Data”: means individually identifiable information which identifies or may identify, with reasonable effort, an individual, including online identifiers, such as your name, address, phone number, billing information and online identifiers (such as IP address).

Please see below the table which specifies the Personal Data we collect and how we use it:

DATA SET	PURPOSE AND OPERATIONS	LAWFUL BASIS
VISITORS
If you voluntarily contact us for your interest in our products, for support or other inquiries, you may be asked to provide us with certain information such as your name, phone number, address and email address (“Contact Information”). If you are contacting us on behalf of another person, we value your assistance and care for others, please note that it is your responsibility to make sure that any person whose Personal Data you provide is aware of the principles of this statement and agrees that you will provide Personal Data to us on this basis. Please note that in the event you contact us through our call center, we will process your Contact Information as well, during the call which is likely to be recorded.	We will use this data to provide you with information regarding our products, support you as requested or to respond to your inquiry. We may process the content of our correspondence with you in order to serve our marketing purposes, improve our customer service, and in the event we believe it is required, in order to provide you with any further assistance (if applicable).	We process such Contact Information subject to our legitimate interest in order to respond to your inquiry as well as in anticipation of entering into a contractual engagement with you.
In the event you sign up to receive our newsletter or other marketing materials (“Marketing Materials“), you will be requested to provide your contact details, such as email address, phone number and name.	We will use your email in order to send you our newsletter and other Marketing Materials.	We process such Marketing Materials subject to your consent. You may withdraw consent at any time through the “unsubscribe” link within the email or by contacting us directly.
We use our own and third-party cookies on the OrCam Website, as further detailed below, these cookies provide us with analytic services as well as marketing services. The Personal Data processed is an online identifier, either a cookie agent, the IP address, etc. (“Online Identifiers”).	We will use your Online Identifiers for analytic and marketing purposes.	We will process such data subject to your consent (unless otherwise required by law) through the cookie notice.
Visitors that started to register and did not complete the purchase, however, did fill in the contact information, we might contact such Visitors and try to assist them in completing the purchase.	We will process the email address or phone number to send a reminder that the purchase was not completed and offer technical assistance if needed.	Such data sets are processed subject to consent or contract necessity, all depending on the engagement which such individual and the cause the purchase was not completed.
CUSTOMERS
When placing an order online via OrCam Website, you will need to provide us with your full name, email address, phone number, shipping address and billing address and payment details (“Purchase Information“). The payment is processed by our third-party partners; we do not store or process any of credit card information. Please note that in the event you purchase through our call center, we will process your Purchase Information as well, during the call which is likely to be recorded.	We will use and process Purchase Information in order to enable you to purchase the OrCam Device and ship the OrCam Device to you.	We process such Purchase Information based on Contract Necessity.
While you are using the OrCam Learn device, textual information extracted from the images via OCR, as well as sound recordings of your interaction with the device, are transmitted to the company’s servers. The data collected in this regard will be pseudonymized and retained separately from your identifying information for the strict purposes explained.	We use this information internally, to improve the OrCam Technology and for research and development (R&D) purposes.	We process such information subject to our legitimate interest.
While you are using the OrCam Device, the device automatically maintains logs that describe all the technical operations performed by the device, including, but not limited to hardware, software or internet network information, operating system, versions, settings (i.e. language), statistics regarding your use of the OrCam Device as well, and location information, data regarding the date and time of your interaction with the OrCam device, and additional information about the content viewed, down time, reset, etc. The data collected in this regard will be pseudonymized and retained separately from your identifying information for the strict purposes explained.	The logs are transmitted to the company’s servers on a regular basis for the purpose of investigating faults and technical support	We process such information subject to our legitimate interest.
While you are using one of OrCam applications with the Learn device, analytical information will be collected from various events that occur in the product (operating time, operating hours, switching on and off, IP address, language preference, voice preference, feature and setting preferences, Users’ usage patterns and preferences, reading quality results, usage length, WIFI usage, Bluetooth usage, general and specific usage time etc.) The data collected in this regard will be pseudonymized and retained separately from your identifying information for the strict purposes explained.	We use this information to improve and streamline the service.	We use the usage data based on the contract necessity to provide you with the information requested. We further use this data internally to improve the OrCam Technology subject to our legitimate interest.
While you are using the OrCam Learn device, non-aggregated and non-anonymized information will be collected from various events that occur in the product including operating time, operating hours, switching on and off, Users’ usage patterns and preference like language preference, up-to-date software version, coupling and removal of equipment, amount of words read through the device, user identity of the device, application’s use, etc.	We will use this information to communicate with you based on your usage patterns to send you targeted advertising, push notification and for analytic and remarketing purposes.	We process such information only subject to your explicit consent. You may withdraw consent at any time through the “unsubscribe” link within the email or by contacting us directly.
As a Customer, we will send you invoices and materials through the email information you provided.	We will use this information to keep you updated with software updates, send you invoices and supporting documentation.	We process such Information based on Contract Necessity.
As a Customer, we will send you content through the email/ phone number information you provided (“Direct Marketing”).	We will use this information to keep you updated new capabilities and features, and surveys.	We process such Marketing Materials subject to your consent. You may withdraw consent at any time through the “unsubscribe” link within the email or by contacting us directly.
USERS & ADMINS
When an Admin registers and creates an account on OrCam User Management System whether through the web-app or Mobile App, the Admin will be required to provide contact details, age, etc. (“Account Information“).	We will process the Account Information to activate your Account and to be able to provide you with Usage Data as defined below.	We process such Account Information based on contract necessity.
User or Child User Personal Data (such as name, user name, age, etc.) is provided solely by the Admin.	We use and process this information in order to provide you with statistics and usage information.	We process such Account Information based on contract necessity.
OrCam Learn – We will collect content and interactions performed on the device. This includes the text read and the audio of the user while interacting with the OrCam Learn (for example, the answers of the user to questions generated by the OrCam Learn).	We use and process this information in order to provide personalized services such as reading fluency, text reading level, summary reports of what and how text was read to parents and teachers.The Admin can connect to a mobile or web application and monitor the user’s progress.	We process such Information based on contract necessity.
Bluetooth permission: in order to sync the OrCam Device to the Account you will need to enable the Bluetooth permission.	If you choose to sync the OrCam Device to the Account, we will process this data solely for this purpose.	We will be able to process the data solely based on your consent.

Please note that, the actual processing operation per each purpose of use and lawful basis detailed in the table above, may differ. Such processing operation usually includes set of operations, made by automated means, such as collection, storage, use, disclosure by transmission, erasure or destruction. Transfer of personal data to third party countries as further detailed in the Data Transfer section is based on the same lawful basis as stipulated in the table above.

In addition, we may use certain Personal Data to prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts and any other misuse of OrCam Technology and to enforce the T&C and Terms, as well as to protect the security or integrity of our databases and Technology, and to take precautions against legal liability. Such processing is based on our legitimate interests.

HOW WE COLLECT INFORMATION

According to the nature of your interaction with OrCam Learn, we may collect information as follows:

Automatically – we may use cookies, or pixels and similar tracking technologies (as elaborated in the Cookies Section below) to gather some information automatically when you access the website.
Provided by you voluntarily – we will collect information if and when you choose to provide us with information, such as through a checkout process or when you contact us through the online form.
Provided to us by third parties – we receive information about users from our affiliates, partners and distrusters, as detailed above.

DATA SHARING – CATEGORIES OF RECIPIENTS WE SHARE PERSONAL DATA WITH

We share your data with third parties, including with trusted partners or service providers that help us provide our Services and improve the OrCam Technology:

CATEGORY OF RECIPIENT	DATA THAT WILL BE SHARED	PURPOSE OF SHARING
Various Service Providers (shipment, payment processors, marketing, CRMs, etc.)	Contact Information.Payment Information.Shipment Address	Executing the purchase, processing the payment, shipment, marketing and support. The Service Providers include payment processors, HubSpot CRM, SAP, Salesforce and other systems.
Cloud Service Provider	All data	AWS provide us with data storage and hosting services. Our servers are located in Ireland, UK and the USA.
Analytics Service Provider	Online Identifiers	Please see our cookie policy.
Legal and law enforcement	Subject to law enforcement authority request.	we may disclose certain data to law enforcement, governmental agencies, or authorized third parties, in response to a verified request relating to terror acts, criminal investigations or alleged illegal activity or any other activity that may expose us, you, or any other user to legal liability, and solely to the extent necessary to comply with such purpose.

In addition, we may share your personal information with other companies or people under any of the following circumstances:

When we have your consent to share the information;
In the event of sale or transfer of all or substantially all of OrCam group or any OrCam affiliate’s shares or assets, in cases of mergers or in case of negotiations with respect to the foregoing;
Where needed for corporate audits or to investigate or respond to a complaint or security threat, to prevent illegal uses of our services, to defend ourselves against third party claims and assist in fraud prevention or investigation; and/or

Where we share information with services providers and partners, we ensure they only have access to such information that is strictly necessary in order for us to provide the Services. These parties are required to secure the data they receive and to use the data for pre-agreed purposes only, while ensuring compliance with all applicable data protection regulations (such service providers may use other non-personal data for their own benefit).

We use the following SDK (a Software Development Kit) which is a set of tools that provide us with the ability to build a custom app which can be based on, or connected to, another program. SDKs are used only in the OrCam Mobile App. SDK create the opportunity to enhance OrCam App with more functionality, as well as offer new features of the device, encourage usage, notify changes regarding the subscription include advertisement and push notifications, if applicable.

The specific SDK we currently use, purpose of use, their privacy policy and opt-out controls are set forth in the table below:

SDK	Purpose	Privacy Policy
API	Marketing/ Functionality	https://freegeoip.app/

DATA TRANSFER

Any information you provide us may be transferred to and processed in countries other than the country from which you accessed OrCam Technology. If you are a resident of the European Economic Area (“EEA“) we will take appropriate measures to ensure that your Personal Data receives an adequate level of data protection upon its transfer outside of the EEA. If you are a resident of a jurisdiction where the transferring of your Personal Data requires your consent, then your consent to this Privacy Statement includes your express consent for such data transfer.

It is clarified that when transferring personal data to countries outside the EU/EEA, to jurisdictions that did not receive an adequacy decision by the European Commission, we use standard contractual clauses approved by the European Commission to ensure a sufficient level of protection for your personal information. The standard contractual clauses can be found via the following link: http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm.

USER RIGHTS

You may have certain rights regarding the Personal Data that OrCam has collected about you. Note, we provide all individuals, regardless of where you are based, the same opportunity to exercise your rights.

We acknowledge that different people have different privacy concerns and preferences. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. We provide you with the ability to exercise certain choices, rights and controls in connection with your information. Depending on your relationship with OrCam (e.g., if you are a Visitor of our Website, Customer, User or an Admin), data protection and privacy laws provide you with some of the following principal rights regarding your Personal Data, including (and depending on your jurisdiction): The right to access your Personal Data that we process; The right to ensure your Personal Data is accurate, complete and up to date; The right to have your Personal Data amended (by correcting, deleting or adding information); The right to object to the processing of your Personal Data, to the extent applicable; The right to send or “port” your Personal Data; The right to file a complaint with a supervisory authority in your jurisdiction; The right to withdraw consent, subject to legal or contractual restrictions and reasonable notice; Right to Non-Discrimination, etc.

You may exercise any or all of your above rights in relation to your Personal Data by filling out the Data Subject Request (“DSR”) form available here, and send it to our DPO at: privacy@orcam.com.

Where we are not able to provide you with the information for which you have asked, we will endeavor to explain the reasoning for this and inform you of your rights, including the right to complain to the supervisor authority (in the event you are EEA resident). We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any such information in accordance with applicable law.

Rights of California Residents

Right to Access Personal Information Collected, Disclosed or Sold:

You have the right to ask OrCam to disclose to you certain information regarding our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (as described below), we will disclose to you:

The categories of personal information we sold about you;
The categories of personal information we disclosed about you;
The categories of sources for the personal information we collected about you;
Our business or commercial purpose for collecting or selling that personal information;
The categories of third parties with whom we shared that personal information;
The specific pieces of personal information we collected about you; and/or
If we sold or disclosed your personal information for a “business or commercial purpose”, as defined in the CCPA, lists of sales, identifying the categories of personal information that each category of recipient purchased or obtained.

Right to Request Deletion of Personal Information

You have the right to request that OrCam delete any of your Personal Information that we collected from you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete, and direct our service providers to delete, your Personal Information from our records, unless an exception applies.

We may deny your request to delete your Personal Information if retaining the information is necessary for Us or our service providers to:

Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
Debug or identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise that consumer’s right of free speech, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act;
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent;
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with Us;
Comply with a legal obligation; and/or
Make other internal and lawful uses of the Personal Information that are compatible with the context in which you provided such information.

Right to Non-Discrimination

We will not discriminate against you for exercising any of your rights under the CCPA. Unless permitted by the CCPA, we will not:

Deny you goods or services;
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
Provide you a different level or quality of goods or services; or
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Right to Opt-out of the Sale of Personal Data

You have the right to opt-out of the sale of personal data we have collected about you.

Within the past 12 months, we have disclosed to the following third parties your personal information:

Affiliates;
Service providers; and/or
Third parties to which you authorized Us to disclose personal information in connection with products or services provided to you.

California Shine the Light Law

California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please contact Our Costumer service.

RETENTION

We retain Personal Data we collect as long as it remains necessary for the purposes set forth above, all in accordance with applicable laws or until an individual requests to opt-out of such collection. We may at our sole discretion, delete or amend information from our systems, without providing any notice to you, once we deem it is no longer necessary for our purposes.

SECURITY

We implement extensive security measures to reduce the risks of damage, loss of information and unauthorized access or misuse of Personal Data. We implement appropriate data collection, storage and processing practices and security tools to protect personal data against unauthorized access, alteration, disclosure or destruction. You should be aware that no security measures are completely fail-proof, and it is impossible to prevent any and all threats to the security of data and systems. Therefore, you should be aware that any processing of digital Personal Data holds certain inherent risks, and we cannot guarantee that our services and databases will be immune to any wrongdoings, malfunctions, unauthorized interceptions or access, malware attacks or other kinds of abuse and misuse.

Changes to this Privacy Statement

OrCam will amend this statement from time to time. If we make any substantial changes in the way, we use your personal information we will make that information available by posting a notice on this site.

CHILDREN PRIVACY NOTICE

This Children Privacy Notice (“Notice”) provides additional information on how OrCam collects, shares or processes Personal Data on a Child User.

PLEASE NOTE, IF YOU ARE A CHILD, YOU MAY NOT PURCHASE THE ORCAM LEARN DEVICE ON YOUR OWN, PLEASE ASK YOUR PARENT TO APPROACH ORCAM ON YOUR BEHALF. FURTHER, IF YOU ARE A CHILD AND YOU RECEIVED THE ORCAM LEARN DEVICE, YOU MAY NOT REGISTER TO THE SYSTEM – PLEASE ASK YOUR PARENT OR TEACHER TO DO SO.

To clarify, a child may not create an account or register to use the System, only a legal guardian or school administrator may do so, subject to the parents’ consent as set forth in the consent process provided during the registration process for each Child User.

The information OrCam may collect from a Child User includes the following: Name or user name, e-mail address, phone number, account profile information, date of birth, online identifiers, purchase information, textual information extracted from the images via OCR, as well as sound recordings of your interaction with the device, logs that describe all the technical operations performed by the device, operating time, operating hours, switching on and off, IP address, language preference, Users’ usage patterns and preferences, etc.

OrCam may share this information only with the legal guardian (parents) or admin (schoolteacher, caregiver or otherwise) as well as with its vendors and service providers for OrCam’s sole benefit. OrCam does not display any targeted advertising on OrCam Device or System and does not disclose the Child Users information for direct marketing purposes or for targeted advertising purposes or for any purpose. OrCam will not market, target, advertise, build profiles, or use the Child User Personal Data in any way or manner.