Privacy Policy

Last Updated: 01 FEB 2024

1. INTRODUCTION

Background

Factory 42 is an immersive and television content production studio that uses cutting-edge advanced imaging technologies to develop unique multi-sensory experiences for consumers, visitor destinations, broadcasters, brands and artists.

What does this Privacy Policy cover?

We are Factory 42 Limited, our UK company number is 10242740 and our registered offices are at Somerset House, New Wing, Strand, London, WC2R 1LA, United Kingdom. We control what happens to any personal information collected from you when you play any of our spatial computing experiences and this “notice” tells you how we collect, store and use your personal information, and what rights you have. If you see “Factory 42”, “us” “we” or “our” in this notice, that still means Factory 42 Limited.

This notice applies to our spatial computing experiences only, and we have a more comprehensive privacy policy that tells you how we handle privacy as a business generally. If you see "Hold The World", "HTW", "experience(s)" or 'the product' in this notice, this refers to the Hold The World app on the Apple Vision Pro. If you see "AVP" in this notice, this still means Apple Vision Pro.

You have the right to say no to us using your personal information where we rely on our “legitimate interest” (this means it is beneficial to our business) as a reason for using it or to send you direct marketing communications (e.g. information relating to our future experiences) in any form.

2. THE DATA WE COLLECT ABOUT YOU

What is “personal information”?

Where you see the term “personal information” in this notice, this means any information we collect about you that can identify you or that allows us to recognise you, for example your name or email address, and includes any other information that we can link back to you as an individual (for example a record of whether you have chosen to receive marketing emails from us or not).

We will let you know where it is compulsory to provide us with specific personal information and if you choose not to provide this personal information, we may not be able to offer services to you.

How do we collect your personal information?

You give us personal information about you when you agree to receive any kind of marketing communications or updates from us, and when you contact us or otherwise interact with us, including via email, letter, phone call or chat function.

Other people may give us personal information about you when they interact with us on your behalf.

What do we use your personal information for?

Under the GDPR, we must always have a lawful basis for using personal information. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal information, to meet our legal and regulatory obligations, or because it is in our legitimate business interests to use it. Where we have said that using or keeping your information is “necessary for our legitimate interest”, we have carried out an assessment to ensure this is not unfair to you. Where we have said that we are relying on consent, we will seek consent from the parent or guardian if the user is under the age of 13.

Your personal information may be used for the following purposes:

To provide a requested service or carry out a contract with you:

Carrying out our obligations to you, such as delivering any experiences that you have bought.
Managing your User Account and respond to your queries.

Supplying our support services to you. Your personal details are required in order for us to correspond with you regarding any issues or questions you may have regarding the experience for which we supply support services.
Communicating with you for customer service purposes. This may include responding to emails, calls or written correspondence from you.

Where we have your consent:

We may from time to time ask you for your consent for other purposes, which we will explain to you at the time.

To meet our legal and regulatory obligations:

Dealing with requests from you to exercise your rights under data protection laws.
To respond to requests from regulators, courts or government authorities.

Necessary for our legitimate interests:

Ensuring our experiences work as intended on your device and as necessary to provide the content or services you request on our experience
Responding to your inquiries and fulfilling your requests, for example, when you send us questions, suggestions, compliments or complaints, or when you request information about our experience. We may also take such into account when improving our experiences, products and services.
Defending or bringing claims to protect our legal rights and interests, including to enforce our Terms of Service.

Who will you share my personal information with?

We will not share any information with any third parties for any purpose other than the following exceptions:

In some limited circumstances, we may be legally required to share certain personal information, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
When we need to enforce our Terms of Service, investigate fraud, reduce credit risk, exercise our legal rights or defend against legal claims.

Automated decision making

We do not carry out automated decision making using the information we collect from you.

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the details provided in this Privacy Policy.

If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

3. SECURITY AND RETENTION

How long is your personal information kept for?

We will generally only keep your personal information for as long as necessary, for the purposes we collected it for under this privacy notice, where we have a legal obligation or where we have a legitimate interest in holding your personal information. Where possible, we try to only process your information within the UK and European Economic Area (EEA). If we or any third party transfers your information outside of the UK or EEA, we always require that appropriate safeguards are in place to protect the information when it is processed.

4. YOUR LEGAL RIGHTS

What rights do you have?

Please contact us using the details in the ‘Contact us’ section below if you want to use any of your rights.

You have the right to withdraw your consent to us using your personal information at any time, where this is the only reason why we are using your personal information. This right won’t affect anything we have done before you withdraw your consent.
You have the right to get access to your personal information and information similar to what is provided in this notice.
You have the right to have us correct your personal information if it is wrong or incomplete.
You have the right to have us delete your personal information we hold in certain circumstances.
You have the right to block/stop us from making further use of your personal information in certain circumstances.
You have the right to request we provide you or another company with any personal information we have obtained from you, in a machine readable and reusable format.
You have the right to raise any complaints with the UK data protection regulator (ICO) about the way we handle your personal information and your rights. Address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. Phone number: 0303 123 1113. Website: https://ico.org.uk/make-a-complaint/

If you have any questions, comments and requests regarding this privacy notice, please contact our Privacy Lead at privacy@factory42.uk.