Disclaimer - Virtual Try-On

Your use of the virtual try-on solution provided by FITTINGBOX (including its optional add-on services, collectively the “Services”), as available and accessible on this website or application, is subject to the following data privacy policy (the “Policy”), WHICH INCLUDES A CLASS-ACTION WAIVER AND A JURY TRIAL WAIVER FOR END-USERS LOCATED IN THE USA.

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THE TERMS OF THIS POLICY AND THAT YOU AGREE WITH THESE TERMS IN THEIR ENTIRETY, INCLUDING, IF YOU ARE LOCATED IN THE UNITED STATES, THE CLASS-ACTION WAIVER AND THE JURY TRIAL WAIVER.

BY ACCESSING OR USING THE SERVICES, YOU HEREBY GRANT FITTINGBOX ACCESS TO USE YOUR WEBCAM FOR THE SOLE PURPOSE OF PROVIDING THE SERVICES, FOR AS LONG AS YOU ARE USING THE SERVICES.

BY ACCESSING OR USING THE SERVICES, YOU HEREBY CERTIFY THAT YOU HAVE THE FULL LEGAL CAPACITY, I.E. THAT YOU ARE OF LEGAL AGE (AT LEAST 16 YEARS OF AGE) TO ENTER INTO THESE TERMS OR HAVE OBTAINED APPROPRIATE PARENTAL OR GUARDIAN CONSENT TO DO SO.

IF YOU ARE UNDERAGE OR AN INCAPABLE PERSON OR IF YOU DO NOT AGREE WITH, OR AT A LATER DATE NO LONGER AGREE WITH, THE TERMS OF THIS POLICY AND/OR ANY OF ITS AMENDMENTS, PLEASE DO NOT USE THE SERVICES.

1. Application of the Policy

This Policy applies to any of your personal or biometric information that would be processed, collected or hosted when you use the Services, including your image ("Your Personal Data").

This Policy does not apply to data which cannot be linked to you or cannot be used directly or indirectly to identify you, such as anonymized, de-identified or aggregated data.

2. How does the virtual try-on solution work?

When you use the Services, FITTINGBOX may operate a detection, a photography and/or a change in the appearance of your face.

Your image is processed anonymously, only for the duration of the virtual try-on experience and is then automatically deleted from our servers. FITTINGBOX does not retain a copy of your image. If you ever save a screenshot of your try-on experience, this image will be stored on your device only. The Services operate only as an estimation of a standard 3-dimensional face using standard mathematic points that can be found on every face, to ensure proper fit and positioning and so that you can see the glasses you are trying.

3. What the virtual try-on solution does not do

FITTINGBOX does not host, store, retain or disclose Your Personal Data.

Our technology is not designed to detect your gender, age and/or ethnicity or to authenticate your identity. FITTINGBOX is not able to identify you, either directly or indirectly, through the Services.

Our technology is not designed for categorization purposes. Our Services do not assign you to one or more specific category on the basis of your biometric data, such as your age, hair color,eye color, tattoos, behavioral or personality traits and our technology cannot be used to deduce or infer your race, political opinion, trade unions membership, religious or philosophical beliefs, sex life or sexual orientation.

Our technology is not an emotional recognition system. Our Services cannot and do not identify or infer your emotions or intentions on the bases of Your Personal Data.

Our technology is not a facial recognition or facial authentication technology. No facial recognition or similar biometric collection or processing, is performed when the face of an end-user is detected by the Services.

No data reconciliation or further processing: no personal data or information is reconciled to the anonymous data processed for the need of the Services. FITTINGBOX does not collect your navigation data nor your IP address. No additional or further process of your image is performed by FITTINGBOX.

No use to build a database or data set: FITTINGBOX does not use Your Personal Data to build a database of images of the end-users and does not integrate Your Personal Data into any data set, including data sets used to train artificial intelligence models or systems.

Since FITTINGBOX does not host, store, retain or disclose Your Personal Data, FITTINGBOX does not use Your Personal Data for any other purposes than the limited purpose of providing the Services.

FITTINGBOX will not sell, distribute, lease, trade, disclose or disseminate Your Personal Data. FITTINGBOX cannot access the photos, content, information and data stored on your personal device and you are solely responsible for their security and safekeeping.

In the event that FITTINGBOX were to come into the possession of personal data and/or biometric information / identifiers in connection with your use of the Services, it would permanently destroy any such data and/or information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within 30 days of an individual’s last interaction with us, whichever occurs first.

4. What about cookies?

Please note that data or cookies may be locally saved on your computer or personal device. You can decline, disable, or delete cookies by changing the settings in the preferences or options menu of your browser. Please note that declining, disabling, or deleting cookies may affect or disable the functionality of the Services and/or the website or the device where the Services are being used or accessed.

5. Our Services are not medical advice, diagnosis or treatment

Please also be aware that the Services are designed for informational purposes only and do not constitute medical advice, diagnosis or treatment. Accordingly, the information and other content provided through or in connection with the Services is not a substitute for professional medical advice, diagnosis, or treatment. If you are in need of medical assistance, now or in the future, contact a medical health provider.

6. We are not responsible for the privacy policies and practices of third parties

The Policy does not apply to, and FITTINGBOX is not responsible for, the collection, use, sharing, distribution or processing of your personal information, including but not limited to your image, by third-party websites, applications and/or services, whether such websites, applications and/or services implement the Services or can be accessed from or through or in connection with the Services, directly or indirectly. Similarly, FITTINGBOX is not responsible for the appropriate or accurate implementation and display of this Policy, or for any suitable disclaimer or notice of information to be provided to you and to other data subjects under applicable data protection, privacy and security laws and regulations, by such third-parties.

8. CLASS-ACTION AND JURY TRIAL WAIVER (for end-users located in the United States)

BY ACCESSING OR USING THE SERVICES, AND TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, YOU IRREVOCABLY WAIVE THE RIGHT TO A COURT OR JURY TRIAL THAT ARISES OUT OF OR IS RELATED TO THE SERVICES. YOU FURTHER AGREE THAT YOU MAY BRING CLAIMS AGAINST FITTINGBOX ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON A INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. IF THE FOREGOING CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, YOU AND FITTINGBOX EACH AGREE NOT TO SEEK, AND WAIVE ANY RIGHT, TO ARBITRATE, LITIGATE OR OTHERWISE RESOLVE ANY DISPUTE THROUGH CLASS OR COLLECTIVE CLAIMS.

9. How to contact FITTINGBOX or to make a complaint?

If you have any questions concerning this Policy, please contact us at privacy@fittingbox.com.

If you wish to make a complaint about the Services, please contact us at legal@fittingbox.com.