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PRIVACY NOTICE #

Effective Date: August 03, 2023

1. PRIVACY COMMITMENT #

We, at OBSKUR (“we”, “us”, “our”), prepared this Privacy Notice to help you understand what we do in the broadcasting space but also to provide you with transparency into how we collect your personal data, how we use it, and who we share it with. This Privacy Notice also describes your choices when it comes to your personal data as well as your rights.

By using our website, software, and hardware (collectively, the “Services”), you consent to the processing of your personal data in accordance with this Privacy Notice.

OBSKUR is part of the parent company, Movella Inc. (movella.com).

You are free to contact us if you have any questions about your personal data at privacy@movella.com.

2. WHO WE ARE & WHAT WE DO #

OBSKUR is a broadcasting platform that allows users to record and stream themselves on Twitch. We provide streamers with the ability to use motion-capturing 3D characters, curated 3D environments, as well as webcam rendering and motion capture for 2D characters. Streamers integrate directly with Twitch via an API to manage stream details. OBSKUR also provides audience interactivity, 2D/3D advertising support, as well as asset purchases, such as virtual room décor, in our Marketplace.

OBSKUR supports hardware such as a sensor glove or motion capture camera, as part of the service it provides. OBSKUR also integrates with third-party camera software, such as Live Link Face from Epic Games (Privacy Policy).

OBSKUR is committed to protecting your privacy. Our unique motion-capturing technology does not collect any of your sensor data. Simply put, we do not track your movement and we do not record or store your motion data.

We encourage you to read this Privacy Notice to become familiar with how your personal data will be used, shared, and stored. Since our business activities may change and the privacy regulatory landscape may evolve, so might this Privacy Notice. Please review this Privacy Notice from time to time. We will notify you on the Platform if we make significant changes to our Privacy Notice. find

3. OTHER LINKS #

Our website and application may contain links to other third-party sites. When you click on one of those links, you are visiting a website operated by someone other than us, and the operator of that website has a different privacy policy. We are not responsible for the privacy practices of those sites. We encourage you to read the privacy policies of these third-party operators.

Since we collect most of your personal data directly from Twitch, with your authorization, we highly encourage you to review the Twitch Privacy Policy and Terms of Service to understand how they handle your personal data and what information they may share with us.

4. INFORMATION WE COLLECT #

We try to minimize the personal data we collect about you, however, in order to provide you with our Services, we are required to collect and process some of your personal data.

“Personal Data” includes information that can be used to identify you directly or indirectly.

When you engage with our Services, we may collect your personal data in the following ways:

(a) Directly from you: As a streamer, you provide us with information when you engage with our Services or otherwise communicate with us. When you create an account with OBSKUR, through Twitch, you provide us with your display name, username, user ID, and email address. This information is used to register your account and provide you with our Services.

When you purchase on our e-commerce site, we will also collect your first and last name, email address, and shipping address. We will not collect your payment information to process your purchase; this is collected by our payment service providers, Stripe and ModusLink.

If you are an advertiser, we will collect your business contact name, and business contact information, including your name, email address, phone number, postal address, and business tax ID.

We may also collect your personal data when you reach out to us or attend events OBSKUR events.

(b) Indirectly from you: We may collect your personal data indirectly through third parties, such as Twitch. To log into OBSKUR, you must link your Twitch account with OBSKUR. In doing so, you are requesting and authorizing Twitch to share and grant access to your information, such as your username, the fact that your connection originated from Twitch services, the usernames of who you are following, and who is following you, and other relevant usage and diagnostic information. Once you grant Twitch to share this information with us, Twitch will send us an access token to your Twitch profile. To learn more about how to opt out of the integration with Twitch and what happens when you opt-out, please see Your Rights and Choices Regarding Your Personal Data, below.

We may also receive information about you from our payment processors when you make a purchase so that we know the purchase was completed.

The information we receive from third parties is dependent on their policies and the privacy settings on the third-party site. You may have the option to adjust your privacy settings on their site before linking or connecting the personal data to our Services. Please review their policies and settings.

If you are a viewer or competitor of a streamer and do not have an OBSKUR account, we may collect publicly available information from Twitch about you, such as your display name when you interact with a streamer or spend in the streamer’s channel. We collect this information via a public Twitch API, which Twitch makes available. To learn more about how Twitch shares your information, please review Twitch’s Privacy Policy. We use this publicly available information to develop competitor analysis and analytics dashboards, which improve our Services and provide insights to streamers and OBSKUR advertisers. We also embed the live Twitch chat, which is transient information that we do not store.

© Automatically from your interactions with our Services: We use tracking technologies, such as cookies, web beacons, and similar technologies to collect information about the way you interact with our Services, including your preferences or information about your participation in a stream. When you use or access our Services, we may also collect usage data through automated means, such as device data, including information about your device, your visits to and use of our Services, IP address, geographical location, browser type and version, operating system, and referral source. We may also automatically collect log data, including information associated with your activities on our Services, information about the way you interact with our Services, statistics regarding your page views and traffic to and from our Services, the time and date of your visit, the number of bytes transferred, hyperlinks clicked, and other actions you take. Although OBSKUR advertisers can see how many viewers saw the advertisement, they do not know who viewed it.

To learn more about what cookies we use, what information we collect, and how to manage cookies, please review Use of Cookies, below.

In certain circumstances, although we can collect your personal data, we prefer not to. To that end, we de-identify your personal data by assigning a random ID to it before using the data to identify usage statistics and analysis. Note that we do not anonymize data used to display analytics, such as competitor boards or streamer’s own OBSKUR profiles. We may also take diagnostic data from a glove you use through sensors in the hardware, however, that data is anonymized and we do not store sensor metrics or track your movement.

5. HOW WE USE YOUR PERSONAL INFORMATION #

We process personal data for the purposes set out in this Privacy Notice. We do so as is necessary based on our obligations under customer terms or contracts, with your consent, and/or if we have a legitimate interest to do so.

We process your personal data for the following purposes:

  • Provide you with our Services and perform essential operations including sending technical alters, support, updates, security notifications, and administrative communications, processing internal data logs and record keeping, processing your payments and fulfilling purchases.
  • To improve our Services and your experience including collecting data to drive analytic for streamers who can view how their stream is performing against other streamers.
  • To help advertisers make informed decisions about which steamers they want to target for the advertising bidding process, including the number of viewers that viewed their advertisement without revealing the identity of those that viewed the advertisement.
  • To secure our Services by verifying your identity, and investigating and preventing fraudulent activities, unauthorized access to our Services and illegal activities.
  • To contact you when you make an inquiry or attend our events.
  • To (i) comply with legal obligations; (ii) respond to requests from competent authorities; (iii) protect your interests; (iv) protect your rights, safety or property, and/or that of our partners, you or others; and (v) enforce or defend our legal rights.

We may aggregate and de-identify your personal data so that the data will in no way identify you or any other individual. We may use this aggregated and de-identified data to:

  • Assist us to better understand how users are using our products and Services;
  • Provide existing and potential users with further information regarding the uses and benefits of the products and services; and
  • Otherwise, improve our products and services.

We process your personal data for the following legal bases:

  • Contract
    • For example, we will use your personal data to activate your account, fulfill purchases, process payments, provide advertising on your behalf, and provide you with customer support.
  • Consent
    • For example, if you are a streamer, we rely on your consent to onboard you onto OBSKUR and create an account for you. If you are a viewer or competitor on Twitch, we rely on Twitch’s Terms of Service.
  • Legitimate Interest
    • For example, we will use your personal data to detect and prevent fraud, to help us understand how our Services are being used.
  • Legal Obligations
    • For example, we will use your personal data to comply with our legal obligations, including responding to lawful requests, court orders and legal processes.

6. WHO DO WE SHARE YOUR PERSONAL INFORMATION WITH? #

We do not sell your personal information to a third party. We also do not share your information with others for their direct marketing use.

We share your personal data with your consent or for a legitimate interest, such as completing a transaction. We limit who we share your personal data with and what we share with them to only what is necessary. We do not allow third-party service providers to use your personal data for their own purposes.

We share your personal data with the following parties:

  • Service Providers: We share only the necessary personal data with selected service providers to help us perform functions related to our Services. For example, we may use service providers to provide us with administrative, financial (Stripe), e-commerce (Webshop), or quality assurance services. These parties are bound by confidentiality and are limited in the way in which they can process, access, or store personal data based on our instructions.
  • Advertisers: We share streamers’ username and viewer count with advertisers once their ads are displayed on a stream. Advertisers can choose to target streamers anonymously by choosing a minimum viewer count or a category of game or advertisement type.
  • Parent and Affiliate: We share personal data with our parent company, Movella Inc., to provide you with the best possible Service.
  • Business Transactions: We may transfer our assets, including your personal data, in the event of a merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control. In such a case, you will be provided with notice. We will limit the disclosure of personal data to only what is necessary and limit the use of the information to the purpose for which it was collected before the transaction and in accordance with applicable laws.
  • Legal Requirement: We may also disclose personal data (to the extent that we have it) if we are required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements,(ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of individuals, or (v) protect against legal liability.

It is important to note that because of the integration with Twitch, any information streamed on OBSKUR will be made public on Twitch and other users can see your content. Similarly, information posted on Twitch, whether you are a streamer or viewer, may be viewable on OBSKUR via the public Twitch API. All of this information is publicly available. OBSKUR may display this information in different formats than what is seen on Twitch, such as information structured in dashboards.

We may share aggregated and anonymized information that cannot identify you with third parties.

7. HOW LONG DO WE RETAIN YOUR PERSONAL DATA #

We keep your personal data for as long as is necessary to meet the purpose for which we originally collected your personal data or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights.

If you deactivate an account with OBSKUR, we will retain the data in your account in case you would like to re-activate the account and access assets that you previously purchased. If you would like to delete your data when you close an account, or any other time, you can contact us at privacy@movella.com (also see Your Rights and Choices Regarding Your Personal Information). In some instances, we will anonymize your data so that it is no longer identifiable to you.

Once you delete your account with OBSKUR, we immediately anonymize your personal data.

8. COOKIES #

We use cookies on our Services (i.e. website and platform). A “cookie” is a small file containing a string of characters that is sent to your web browser and uniquely identifies your browser.

Cookies help us collect information so we can better understand how users access and navigate our Services. This information helps us develop and improve the design, layout, content and function of our Services. It also allows us to prevent fraud and improve our security.

We may also use cookies to track activity and click-through behavior to better understand your preferences and browsing habits and to provide a more personalized experience while visiting our Services and for more personalized alerts. Cookies also help us to remember user preferences, such as your preferred language or username, to give you a better and more convenient experience.

Click to review a  we use and the purpose for using each set of cookies.

There are several ways to manage your cookie preference. You can conveniently do so by setting the cookie preference on the cookie banner displayed to you on our website and platform. You can accept all cookies, decline all but Essential Cookies, or manage your preferences more specifically. Essential Cookies cannot be disabled through this tool, but other Cookies can be enabled or disabled. You may also manage cookies via your browser under Settings. If you choose to decline cookies on your browser, you will reject cookies from all websites, not just ours. You may also lose some functionalities on websites if your browser blocks all cookies.

OBSKUR uses Google Analytics to track statistics and user demographics, interests, and behavior on websites. Click here to learn more about how this information may be used, how to control the use of your information, or how to opt-out of the collection and use of your information.

OBSKUR uses Datadog to track statistics and user demographics, interests, and behavior on websites. Click here to learn more about how this information may be used, how to control the use of your information, or how to opt-out of the collection and use of your information

9. HOW DO WE PROTECT YOUR PERSONAL DATA #

We have implemented security measures to protect against unauthorized access, unauthorized alteration, disclosure or destruction of data. This includes the necessary physical, electronic, and managerial procedures to protect data integrity, access, and use. This also includes the use of encryption, role-based access controls using secure protocols, and two-factor authentication.

As a user of OBSKUR, you are provided with an account to log into. Although we do our best to protect your personal data, the internet is not completely secure. It is your responsibility to ensure you keep your password safe, unique and hard to guess, and not share it with anyone else.

10. INTERNATIONAL DATA TRANSFERS #

We may store, share, or process your personal data with an entity outside of your jurisdiction, such as the U.S. or Canada,. For example, if you reside in the European Economic Area (“EEA”), your personal data may be processed in a different jurisdiction, such as the U.S. where our affiliates, partners, merchants, or service providers are located. By using our Services, you consent to any transfer of this information.

While we take appropriate safeguards to protect your personal data, when your data is stored or processed in a different jurisdiction, it is subject to the laws of the foreign jurisdiction including foreign governments, courts, law enforcement and regulatory agencies. These jurisdictions may not have the same information protection laws as the country in which your personal data was collected.

When transferring personal data outside of the EEA, we enter into contractual arrangements (such as Standard Contractual Clauses) with service providers that offer you a similar degree of protection you would get in the jurisdiction your personal data was collected. When you provide us with your personal data, you consent to your personal data being stored and processed in a country outside of where you reside.

11. PERSONAL INFORMATION OF MINORS #

Our Service is not intended for or targeted at children under the age of 13, and we do not knowingly or intentionally collect information about children under 13. If you believe that we have collected information about a child under 13, please contact us at privacy@movella.com so that we can delete the information promptly.

12. YOUR RIGHTS AND CHOICES REGARDING YOUR PERSONAL DATA #

Your Choices:

Where we process your personal data based on consent, you can withdraw your consent at any time. For example, you may deactivate your OBSKUR account by disabling the integration with Twitch. When you do so, all authorization applications will stop functioning and your OBSKUR account will be deactivated.

To manage your cookies on your browser, please see the Cookie Policy for instructions on how to make choices.

Your Rights:

Depending on where you reside, applicable privacy laws may give you certain rights relating to your personal data and our processing of it.

  • Your right of access. You can access your personal data within your OBSKUR account. You may also ask us to provide you with a copy of your personal data along with certain other details.
  • Your right to rectification. Your personal data on OBSKUR is automatically updated with changes reflected in Twitch. The update happens each time you log onto OBSKUR via Twitch. You can rectify, update, or complete your personal data within your OBSKUR account. You may also ask us to assist you in doing so by emailing us at privacy@movella.com. To the extent we can fulfill your request, we may need to verify the accuracy of the new data you provide to us.
  • Your right of deletion. One way to delete your personal data on OBSKUR is to remove your Twitch permission. In addition, you have the right to ask us to delete your personal data in certain circumstances. In some instances, such as legal reasons, we will not be able to fulfill your deletion request. If we cannot fulfill your request, we will notify you of the reason.
  • Your right to restriction/objection of processing. You have the right to ask us to restrict the processing of your personal data in certain circumstances, such as if the processing of your personal data is unlawful, if you contest its accuracy, or if we no longer need your personal data for processing however it has been retained as permitted by law.
  • Your right to data portability. You have the right to ask us to transfer your personal data to another organization in a structured, commonly used, and machine-readable format.
  • Your right not to be subject to automated decision-making. You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or significantly affects you.
  • Your right to revoke consent. You have the right to revoke consent to the processing of your personal data, even if you had previously consented. However, revocation of consent will not impact the legality of processing before revocation. In some circumstances, if you revoke consent, we may not be able to provide you with services.
  • Your right to lodge a complaint. You have the right to complain about our processing with a supervisory authority or regulator in the jurisdiction where you believe your rights have been violated. If you are concerned about our personal data practices, we would appreciate hearing about it first to try to resolve your concerns. You can contact us through the methods listed under Contact Us.

To exercise your rights, please email us at privacy@movella.com. We will respond to any request within 30 days. If we need more time to fulfill your request, we will let you know.

Please note that your rights are not absolute as there may be exceptions that exist in the applicable law. As required by law, you will be required to prove your identity and therefore we will ask you to verify information we currently have about you. If you designated an authorized agent to submit a request to exercise your rights, we will require verification that you provided the authorized agent permission to request on your behalf.

13. CONTACT US #

For questions, requests, or concerns regarding our use of your personal data, please contact us at privacy@movella.com.

CALIFORNIA PRIVACY NOTICE ADDENDUM #

Effective Date: August 03, 2023

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (“CCPA”).

This Addendum solely applies to consumers who are California residents and supplements the information contained in OBSKUR’s Privacy Notice, above. The Addendum does not apply to job applicants or employees.

We may make changes to the Addendum. Please refer to the Addendum from time to time to keep yourself informed of how we may collect, use, and disclose your personal information.

“Personal Information” means information that identifies, relates to, or could reasonably be linked directly or indirectly with a particular California resident. Personal information does not include publicly available information from government records or de-identified or aggregated consumer information.

Categories of Personal Information #

In the past 12 months, we collected the following categories of personal information for business purposes:

Category Information
Identifiers Such as your name, business postal address, email address, device identifiers, Internet Protocol, and similar identifiers.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code §1798.80(e)) Such as information that identifies, relates to, describes, or is capable of being associated with you.
Commercial Information Such as purchase history and payment processing information.
Internet and other similar network activity Such as browsing, usage data, consumer interaction with a website, application or advertisement.
Professional or employment-related information Business contact details in order to provide you with our service at a business level, job title, or professional qualifications.
K. Inference drawn from other personal information Such as a profile reflecting a person’s preferences, characteristics, psychological trends, predisposition, behaviour, attitudes, intelligence, abilities, and aptitudes based on public information.

Sources of Personal Information #

Please refer to Information We Collection, above.

Disclosure of Personal Information for a Business Purpose #

In the past 12 months, we disclosed categories of personal information for a business purpose:

  • Identifiers
  • Personal information categories
  • Commercial information
  • Internet and other similar network activities
  • Professional or employment-related information
  • Inference drawn from other personal information in aggregate form

Please refer to Who Do We Share Your Personal Data With for more information including who we share your personal information with.

Use of Personal Information #

For more information about how we use your personal information, please see How We Use Your Personal Data.

Sale of Personal Information #

OBSKUR does not sell your personal information.

Your Rights #

As a California resident, you have the following rights, subject to certain exceptions and limitations:

  • Access to Specific Information and Data Portability Rights: You have the right to know, over the past 12 months
    • the categories and specific personal information we collected, used, disclosed, and sold about you
    • the categories of sources from which we collected your personal information
    • our purposes for collecting or selling your personal information
    • the categories of third parties with which we have shared personal information.
  • Right to Delete: You have the right to request we delete the personal information we have collected from you or maintain about you, subject to certain exceptions.
  • Right to Access and Portability: You have the right to request we provide you with a copy of your personal information in a portable, readily reusable format that allows you to transmit the information to a third party.

We will not discriminate against you for exercising any of your CCPA rights and we will not deny you use of our Services or provide you with a different level or quality of Services. However, please note that if you revoke the Twitch authorization in your OBSKUR account, you will no longer be able to access your OBSKUR account.

When you make a request, we will confirm your verifiable consumer request and attempt to fulfill the request subject to applicable exceptions as outlined in the law.

To exercise your right, please submit your request to privacy@movella.com. We may request more information to be able to verify who you are and identify you in our system based on the information we currently have. Please also refer to Your Rights Regarding Your Data. If we do not get a verifiable request, which contains sufficient information to verify you and describes your request with sufficient detail, we may not be able to fulfill your request. We might also not be able to fulfill your request because we cannot identify you in our system or your personal information was already deleted or anonymized based on retention periods.

We will confirm we received your request within 10 business days from the date of receipt. We will verify the process for you and seek additional information if it is necessary. We may also ask that you provide us with an attestation that you are who you claim to be. We will process your request within 45 days of receipt. Should we require a time extension, we will inform you in writing. We will not discriminate against you for exercising your CCPA rights.

Contact Us #

Please refer to the Contact Us in the Privacy Notice.