Last Modified: August 17, 2020 (“Effective Date“)
Words capitalized but defined herein shall have the meanings ascribed to them in a separate instrument that governs delivery, access and use of the Services (the “Terms of Service”). You can access our Terms of Service here.
When we refer to “RADiCAL”, we mean the RADiCAL entity that acts as the controller or processor of your information, as explained in more detail in the “Identifying the Data Controller and Processor” section below.
In addition, our Terms of Service govern the delivery, access and use of the Services, including the processing of any videos (“Uploads”), files or other content submitted through Services accounts (collectively, together with Uploads, “Content Data”). The individual or organization (e.g., your employer or another entity or person) that entered into the Terms of Service (each, an “Account Owner”) controls their instance of the Services and any associated User Data. Any individual, whether or not the Account Owner, accessing the Services through an account is referred to as a “User.” If you are using an account in respect of which you are not the Account Owner, you should contact the Account Owner with any questions about specific account settings and privacy practices.
2. Information We Collect And Receive.
Generally, you are under no statutory obligation to provide any Content Data or Service Data (as defined below) (collectively, “User Data”). However, certain User Data is collected automatically and, if some User Data is not provided, we may be unable to provide the Services to you.
2.1. Content Data (including your Uploads).
All Users routinely submit Content Data to RADiCAL when using the Services. The processing by RADiCAL of Uploads (videos you upload into RADiCAL’s Services) constitutes a critical element of RADiCAL’s Services.
2.2. Service Data.
RADiCAL also collects, generates and/or receives “Service Data”:
(a) Account Information: When you create or update an account, you supply to RADiCAL your name, email address, password, domain and/or similar account details. You may also provide your phone number. In addition, if you purchase a paid version of the Services you provide RADiCAL (or its payment processors) with billing details such as credit card information, banking information and/or (in some circumstances) a billing address.
(b) Usage Information:
- Services Metadata. When you interact with the Services, metadata is generated that provides additional context about the way you work. For example, RADiCAL logs the features, content and links you interact with, the types of files shared and what Third Party Services are used (if any).
- Engagement Information. We collect information about your engagement with our Services, including (but not limited to): (i) the date and time you uploaded videos to our Service; (ii) the frequency with which you process video uploads using the Service; and (iii) the frequency with which you download motion capture results.
- Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data.
- Device information. RADiCAL collects information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Service Data often depends on the type of device used and its settings.
- Location information. We receive information from you and third parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. RADiCAL may also collect location information from devices in accordance with the consent process provided by your device.
2.3. Cookie Information.
2.4. Third Party Services.
You can choose to permit or restrict Third Party Services for your account. Typically, Third Party Services are software that integrate with our Services, and you can enable and disable these integrations. Once enabled, the provider of a Third Party Service may share certain information with RADiCAL. For example, if a cloud storage application is enabled to permit files to be uploaded into our Services, we may receive user name and email address of Users, along with additional information that the application has elected to make available to RADiCAL to facilitate the integration. You should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to RADiCAL. When a Third Party Service is enabled, RADiCAL is authorized to connect and access Other Information made available to RADiCAL in accordance with our agreement with the Third Party Provider. We do not, however, receive or store passwords for any of these Third Party Services when connecting them to the Services.
2.5. Contact Information.
In accordance with the consent process provided by your device, any contact information that you choose to import (such as an address book from a device) is collected when using the Services.
2.6. Third Party Data.
RADiCAL may receive data about organizations, industries, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners or others that we use to make our own information better or more useful. This data may be combined with Service Data we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.
2.7. Additional Information Provided to RADiCAL.
We receive Service Data when submitted to our Websites or if you participate in a focus group, contest, activity or event, apply for a job, request support, interact with our social media accounts or otherwise communicate with RADiCAL.
3. How We Use Your User Data.
User Data will be used by RADiCAL in accordance with your instructions, including any applicable terms in the Terms of Service and your use of Services functionality, and as required by applicable law. RADiCAL is a controller and processor of User Data.
3.1. AI and Machine-Learning Algorithms.
RADiCAL requires both Content Data — e.g. Uploads, FPS rates, resolution, duration, camera angle for uploaded videos — and Service Data — e.g. concerning the User’s devices and operating systems — to enable critical elements of the machine learning algorithms comprised in the Services. The absence of all or part of such Content Data and Service Data would materially impair the quality of our motion capture results and often make it impossible to provide the Services to Users altogether.
RADiCAL also uses a combination of Content Data and Service Data to improve the machine learning algorithms that produce motion capture results for you. The combination of these data sets is a critical support element in RADiCAL’s efforts to deliver best results to Users.
3.2. Delivery of Services.
RADiCAL further uses Service Data and Content Data in furtherance of our legitimate interests in operating our Services, Websites and business. More specifically, RADiCAL uses Service Data and Content Data:
- To provide, update, maintain, protect and improve our Services, Websites and business. This includes use of Service Data and Content Data to support delivery of the Services under the Terms of Service, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities or at a User’s request. This also includes: (i) the administration of your use of the Service; (ii) to better understand your needs and interests; (iii) to personalize and improve your experience; and (iv) to provide or offer software updates and other marketing and non-marketing announcements. We also use Service Data and Content Data to improve the Service with respect to, but not limited to, data storage, maintenance services, database management, web analytics and payment processing.
- As required by applicable law, legal process or regulation.
- To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Service Data and Content Data to respond.
- To send emails and other communications. We may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications or other news about RADiCAL. These are marketing messages so you can control whether you receive them.
- For billing, account management and other administrative matters. RADiCAL may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments.
- To investigate and help prevent security issues and abuse.
4. Data Retention.
RADiCAL will retain User Data in accordance with a Customer’s instructions, including any applicable terms in the Terms of Service and your use of Services functionality, and as required by applicable law. The deletion of User Data and other use of the Services by a User may result in the deletion and/or de-identification of certain associated Content Data and Service Data.
5. How We Share and Disclose Information.
This section describes how RADiCAL may share and disclose Information. Users determine their own policies and practices for the sharing and disclosure of Information, and RADiCAL does not control how they or any other third parties choose to share or disclose Information.
5.1. User Instructions.
RADiCAL will solely share and disclose User Data in accordance with your instructions, including any applicable terms in the Terms of Service and your use of Services functionality, and in compliance with applicable law and legal process.
5.2. Uploads and Visualizations.
(a) Uploads Visible in Visualizations: RADiCAL provides a 3D visualization feature to enable Users to view their motion capture results alongside their Uploads (each, a “Visualization”). We may share and disclose your Uploads solely as part of Visualizations of your results, but never separately.
(b) Public Uploads and Visualizations: If you are a User benefiting from a Personal Subscription at the time you complete an Upload to our Service, each such Upload during such time is a Public Upload. Public Uploads are generally viewable as part of Visualizations by: (1) you, (2) any and all other Users of the Service anywhere; and (3) any person outside our Services with whom your Upload and Results are shared by you or by any other User through social media, email and other media. When a Visualization contains a Public Upload, the entire Visualization, along with Results, can be onward-shared by anyone who accesses the appropriate Visualization URL by embedding its iFrame code and/or URLs on third party websites outside the User’s or RADiCAL’s control, and any other person anywhere in the world can create copies in the form of video recordings.
(c) Private Uploads and Visualizations: Visualizations containing Private Uploads are viewable only by you. If you are a User benefiting from a Premium Subscription, you can elect, before starting the Upload, whether you wish for such Upload to be a Private Upload or a Public Upload. Visualizations containing Private Uploads are only viewable, and their related Results are only downloadable, for as long as you benefit from a Premium Subscription. If you downgrade to a Personal Subscription, such Private Uploads, along with their Visualizations and Results, will become unavailable for viewing and downloading effective at the time of the downgrade.
(d) Switching your Uploads from Private to Public: When you decide to share a Visualization by changing its privacy status from ‘Private’ to ‘Public’, you are instructing us to make this Visualization available to anyone who accesses the appropriate URL. At that point, the entire Visualization, along with Results, can be onward-shared by anyone who accesses the appropriate Visualization URL by embedding its iFrame code and/or URLs on third party websites outside the User’s or RADiCAL’s control, and any other person anywhere in the world can create copies in the form of video recordings.
(e) Switching your Uploads from Public to Private: If you are a User benefiting from a Premium Subscription, you can choose to change the status of your Public Upload to Private Upload. You can always disable all public access to a Visualization you control, including with respect to third party websites and embedded URLs, by changing the privacy status for such Visualization from ‘Public’ to ‘Private.’ When you do this, the change will take immediately in the sense that anyone with a link to the Visualization will lose access, if the Visualization was posted to social media or to another website using an embed code, your Visualization will no longer be available in that post, and anyone accessing the URL will see a deactivated Visualization. However, if your Visualization was indexed by search engines, its URL and content might remain discoverable through those search engines, a consequence that remains outside of RADiCAL’s control. In addition, there may exist permanent records of your Public Uploads as part of a Visualization, including as video recordings, as well as copies thereof, that RADiCAL cannot control or delete from public access.
5.2. Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Service Data and support our business. These third parties may, for example, provide virtual computing and storage services.
RADiCAL may use the following Subprocessors to host User Data or provide other infrastructure that helps with delivery of our Services:
- Amazon Web Services, Inc.: Cloud Service Provider, United States
- Google, Inc.: Cloud Service Provider, United States
RADiCAL may use the following Subprocessors to perform other Service functions:
- ActiveCampaign, LLC: Cloud-based Email Notification Services, United States
- HubSpot, Inc.: Customer Relationship Management & Marketing, United States
5.3. Third Party Services. You may enable or permit Third Party Services. When enabled, RADiCAL may share Service Data with Third Party Services. Third Party Services are not owned or controlled by RADiCAL and third parties that have been granted access to Service Data may have their own policies and practices for its collection and use. Please check the privacy settings and notices in these Third Party Services or contact the provider for any questions.
5.4. Corporate Affiliates. RADiCAL may share Service Data with its corporate affiliates, parents and/or subsidiaries.
5.5. During a Change to RADiCAL’s Business. If RADiCAL engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of RADiCAL’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all User Data may be shared or transferred, subject to standard confidentiality arrangements.
5.6. Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Service Data for any purpose. For example, we may share aggregated or de-identified Service Data with prospects or partners for business or research purposes.
5.7. To Comply with Laws. If we receive a request for information, we may disclose Service Data if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process.
5.8. To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety of RADiCAL or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
5.9. With Consent. RADiCAL may share Service Data with third parties when we have consent to do so.
RADiCAL takes security of data seriously. RADiCAL works hard to protect User Data from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the User Data we collect, process and store, and the current state of technology.
Given the nature of communications and information processing technology, RADiCAL cannot guarantee that User Data, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others.
7. Age Limitations.
To the extent prohibited by applicable law, RADiCAL does not allow use of our Services and Websites by anyone younger than 13 years old. If you learn that anyone younger than 13 has unlawfully provided us with personal data, please contact us and we will takes steps to delete such information.
9. International Data Transfers.
Whenever we transfer your Personal Data out of the EEA, we will comply with applicable data protection laws. Some of the mechanisms we may choose to use when undertaking an international transfer are:
- The transfer of your personal data is to a country that has officially been deemed to provide an adequate level of protection for personal data by the European Commission.
- We may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe (called the “EU Model Clauses”).
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. If the provider is not EU-US Privacy Shield certified, we may use the EU Model Clauses.
- If we share your personal data within the RADiCAL Group, which will involve transferring your data outside the European Economic Area, we do this using the EU Model Clauses.
Many of our external third-party providers are based outside the EEA, so their processing of your personal data will involve a transfer of data outside the EEA.
10. Data Protection Officer.
To communicate with our Data Protection Officer, please email email@example.com.
11. Identifying The Data Controller And Processor.
Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. RADiCAL is both the controller and processor of User Data you have provided to us.
12. Your Rights.
Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to User Data, as well as to seek to update, delete or correct this User Data. You can usually do this using the settings and tools provided in your Services account. If you cannot use the settings and tools, contact Customer for additional access and assistance. Please check https://getrad.co/my-account/ for your contact information.
To the extent that RADiCAL’s processing of your Personal Data is subject to the General Data Protection Regulation, RADiCAL relies on its legitimate interests, described above, to process your data. RADiCAL may also process Service Data that constitutes your Personal Data for direct marketing purposes and you have a right to object to RADiCAL’s use of your Personal Data for this purpose at any time.
13. Data Protection Authority.
Subject to applicable law, you also have the right to (i) restrict RADiCAL’s use of User Data that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority. If you are a resident of the European Economic Area and believe we maintain your Personal Data within the scope of the General Data Protection Regulation (GDPR), you may direct questions or complaints to:
14. Contacting RADiCAL
Radical Solutions, LLC
c/o Betaworks, 29 Little W 12th St. New York, NY 10014, USA