Privacy Policy

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Section 1: Overview
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Xyken, LLC DBA SnugFit Solutions provides solutions for 3D imaging or scanning, 2D imaging, artificial intelligence (AI), among other processing solutions focused on entertainment, industrial, and healthcare needs (collectively referred to as the “Products and Services”).  By purchasing, downloading and/or using any of these Products and Services, you agree to the terms of the following Privacy Policy.

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Protection of your personal data is very important to us, and we follow reasonable industry standards to ensure the proper treatment of personal data in accordance with applicable data protection laws as amended from time to time.  This Privacy Policy will explain to you how and for what purposes we collect, use, retain, disclose, and safeguard the information you provide to us. 

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Section 2: 3D Scanning Solution with TrueDepth Camera Sensor

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- What information does our scanning application (or app) collect using the TrueDepth API?

During capturing, the app collects the front-facing TrueDepth camera’s depth and RGB information of each frame using TrueDepth API. The app also collects the metadata of the TrueDepth camera including TrueDepth camera’s intrinsic matrix and distortion map.

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- For what purposes does the app collect this information?

The application uses this information altogether to perform the depth fusion process and generate the colored 3D mesh of the scanning object. The user can view and share the generated 3D mesh file as one wishes.

 

- Will the data be shared with any third parties?

The data is only used for generating the final 3D mesh and the app does not send it to any third parties.

 

-  Where will this information be stored?

During the depth fusion process, the app stores the collected data (depth, RGB images, camera metadata) in a temporary folder in the documents folder of the app. All the data in the temporary folder will be overwritten during the next scanning. It will also be removed automatically when the user uninstalls the app or logout. The user has the option to store or share the data. The app may offer the option to upload the data to a secure server where it can be deleted upon request. 

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- What's the policy for collection, use, disclosure, sharing, and retention of face data?

Though our 3D scanner application is not designed for capturing 3D face data, it may be used to capture face data. We do not recommend using the scanning app to capture face data because these data are sensitive. In the event face data are captured, if the data is stored on our cloud server, we will not use, disclosure, or share any face data to a third party. We will store these data for maximum 1 year and reserve the right to remove at any time.

 

Section 3: Personal Data
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Personal data refers to any data (whether by itself or when linked with other information in the possession of, or likely to come into our possession) that can be used to identify a specific living person.  Personal data does not include information that has been aggregated or made anonymous such that it can no longer be reasonably associated with a specific person.

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This Privacy Policy will address the following items:

• Application of this Policy

• Collection and Use of your Personal Data

• Sharing and Disclosure of your Personal Data

• Retention of your Personal Data

• Protection of Personal Data

• Changes to this Policy

• Access, Correction and Complaints – Contact Us

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In addition, we suggest that you also review other applicable terms, such as our Terms of Use, for the applicable Service.  The specific Terms of Use will govern in the event of any inconsistency with this Privacy Policy.

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Section 4: Application of this Policy

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This Policy applies to all Products and Services that we offer.  This Policy does NOT apply to any other product or service of any third-party, even if the third party embeds or uses our Products and Services or your personal information. We suggest that you review the privacy practices of any third-party who may be handling your personal data before deciding whether to provide personal information.  We are not responsible in any way for third-party providers for the collection, processing or protection of your personal information.

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Section 5: Collection and Use of Personal and Other Data
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We may from time to time collect personal data from our Products and Services when you provide it to us by interacting with our Products and Services, but we will only collect personal information that is necessary for us to provide the Product and Services to you.  We may collect other data for in future research and development, and this data may be shared with third parties for research and development or product development purposes.  If any other data is collected by us, we agree to anonymize the information  during collection of the data as well as when sharing with third parties for research and development purposes.  

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To gain full access to some of our Products and Services, you may be required to register for an Xyken credentialed account.  At the time of registration, we may collect various necessary personal data including but not limited to your name, company name, geographical location, email address, and/or telephone number.  When you are using our Products and Services, we may collect and/or maintain information regarding your activities or data generated from your use of the Product and Services.  Any personal or other data collected will be shared and disclosed as described below (“Sharing and Disclosure of Personal Data”).  If you provide personal or other data to us, you consent to our collection and use of data as described in this Privacy Policy, and we will not be liable for any damages that result from your failure to anonymize provided data.

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If you provide to us personal or other information from third parties, YOU are responsible for obtaining the appropriate and necessary consents for provision of such information to us.  As a result, we disclaim all liability for claims brought by a data subject arising from any action or omission by us to the extent that such action or omission resulted from your failure by you to obtain necessary consents from any third parties as required by law. 

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Section 6: Face Data Collection, Use, Disclosure and Sharing, and Retention 

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Though our software application is not designed for capturing 3D face data, it may be used to capture face data. We do not recommend using the scanning app to capture face data because these data are sensitive. In the event face data are captured, if the data is stored on our cloud server, we will not use, disclosure, or share any face data to a third party. We will store these data for maximum 1 year and reserve the right to remove at any time.

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Section 7: Sharing and Disclosure of your Personal Data​

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Any sharing or disclosure of your personal or other data will be in compliance with applicable data protection laws and regulations.  We may disclose personal or other data collected about you to trusted third parties for various purposes in connection with providing our Products and Services, within the limits of relevant state and federal laws.  

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Your personal or other data may also be disclosed to law enforcement, government officials, or other third parties if required by law or if we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms of Use.  In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, certain information in our possession may be transferred to our successors or assigns.  In such circumstances, we will have no control over and disclaim all liability with regard to protection of provided data from the time of such transfer.  We do not sell or rent personal data to marketers or third parties.  If, despite our security precautions, personal or other data is inadvertently disclosed, we shall endeavour to limit and remedy the disclosure to the extent permitted by law, however we disclaim all liability for unintentional disclosure of personal or other data.

Retention of your Personal Data
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Any personal data that we collect will not be retained for longer than is necessary for the purpose or purposes for which it was collected.  However, we disclaim all liability for actions of third parties with whom we may share your data. 

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Section 8: Protection of Personal Data
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We maintain strict administrative, technical and physical procedures to protect information stored on our servers.  Access to information is limited through various industry-standard measures to those employees for whom such access is necessary to perform their job functions.

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Section 9: Children's Information

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The Sites are not intended for children under the age of 13 years old. We do not knowingly collect information from children under the age of 13. If we discover that we have information from a child under the age of 13, we will delete it immediately. If you believe that a child under the age of 13 may have provided his or her information to us, please contact us using the contact information below.

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Section 10: Cross-Border Transfer of Data

 

If you are not a resident of the United States, your country’s laws governing data collection and use may differ from those in the United States; in particular, the United States may not provide the same level of protections as those in your own country. Please note that we transfer personal information into the United States for processing. Such transfer is completed on the basis of our legitimate business interests and/or your affirmative consent.

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Section 11: Changes to this Policy
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We reserve the right to make changes to this Privacy Policy at any time and for any reason without notice.  We may provide notice of such changes or any other communications or disclosures regarding this Privacy Policy by posting on our website.  Such notice shall be considered to be received by you when posted. 

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Section 12: Access, Correction and Complaints – Contact Us

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If you have any questions or concerns about this Privacy Policy or would like to access or seek correction of your personal data, please contact us via our email: info@xyken.com or write to us at 7921 Jones Branch Dr. #392 McLean, VA 22102, USA.

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Last updated March 1, 2023.