I. Introduction

We are Hoame Digital (the “Company”) with our registered offices located at 426 Adelaide Street West, Toronto, Ontario, M5V 1S7.  The purpose of this Privacy Policy is to inform you about the types of personal information Hoame Digital (the “Company”) collects, uses, retains and discloses.  This Privacy Policy explains how and why we use and disclose that information and to whom, the choices you have regarding such use and disclosure, and how you may correct that information.  We will treat personal information in a manner consistent with the version of our Privacy Policy and applicable law unless we have your consent to treat it differently.

This Privacy Policy applies to any personal information we collect or receive about you, from any source, including but not limited to the Hoame Meditation App (the “App”).  If you wish to use the App, we require you to provide us with certain personal information.  While you are not required to provide us with any personal information, you may not be able to use the App if you do not do so.  We encourage you to read this Privacy Policy before providing us with any personal information and before using the App.  By providing us with any personal information or using the App, you are signifying that you agree with all of the terms of this Privacy Policy, so please do not do so if you disagree with any part of this Privacy Policy. 

II. Collection of Personal Information

A. To whom does this Privacy Policy apply?

This Privacy Policy applies to the collection, use, retention and disclosure of personal information by the Company.

B. What is “personal information?”

Personal information is any factual or subjective information about an identifiable individual. Your personal information may include, but is not limited to, your name, mailing address, phone numbers, gender, and email address.  Personal information, however, does not include any information that is solely used to communicate with you in relation to your employment, business or profession, such as your name, position name or title, work address, work telephone number, or work electronic address.

C. What kind of personal information are you collecting about me?

We will be collecting the following information about you in order for you to use the App:

• identification data (i.e., Oculus ID; Oculus profile information; Mindbody profile infiormation name; email address); and

• technical data (i.e., about your device).

How do we collect your personal information?

We will always collect your personal information by fair and lawful means. In order to use the App, you will be required to complete a registration process with Oculus and create an Oculus account with an Oculus ID and Oculus Profile. During the registration process, you will be required to provide basic information such as a valid email address and a password. We will be collecting personal information from you through Oculus, which will then by shared by the App.

III. Use of Personal Information

A. How do we use your personal information?

Whenever we collect your personal information, we will identify the purposes for which we will use that information and we will obtain your consent to such use.  We will be using your personal information so that you can use the App, to enable the functioning of the App, to create improvements to the App, as well as to track progress and create statistics for the App such as Hoamie Score, Total Time Meditated, Hot Streaks, Mood Tracker, Class Completed, etc.  

As above, some of the information used for statistical purposes include technical data not containing any personal information or other highly confidential data in a pseudonymized form that can only be identified by us.  We do not need to use your personal information in a form where you can be identified.  We will be using the information in a non-identifiable form as much as possible and where this is not possible, we will be using the information on in a pseudonymized form as much as possible. The use of this information is based on the Company’s legitimate interest, including the implementation and improvement of the App.  You have the right to object to this use of your personal information as further described below.   We may also use your personal information as otherwise permitted by law.

Any personal information we collect is stored locally in headset.

B. When and how do we obtain your consent?

We obtain your consent prior to collecting, using or disclosing your personal information for any purpose.  By accessing the App, you voluntarily consent to the collection, use, retention and disclosure of personal information in accordance with this Privacy Policy.  You may elect not to provide us with your personal information, however, this may restrict or prevent you from using the App. We will only collect, use, and disclose your personal information in accordance with this Privacy Policy and the applicable law.

You may withdraw your consent for the collection, use, retention and/or disclosure of your personal information at any time by providing written notice to us.  You acknowledge that your personal information may be retained by us for audit or archival purposes or as required by law.  

C. How long will we use, disclose or retain your personal information?

We will use, disclose or retain your personal information for as long as necessary to fulfill the purposes for which it was collected and as permitted or required by law.  For instance, we will use, disclose or retain your personal information only for the time for which you use the App and for no longer than when you delete your account on any platform which you used to purchase the App.  

D. What about User Generated Content?

From time to time, we may receive content from consumers as part of the functions of our App. (“User Generated Content”). Any User Generated Content you submit may be publically displayed, including on our App, and is subject to any terms and conditions communicated to you as part of the submission process. Please remember that any information you disclose in connection with a User Generated Content submission may become public information and you should exercise caution when deciding to disclose your personal, financial or other information in a submission.  We cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law or your personal privacy and safety, and we are not responsible for the results of such postings.

E. Communications

Through our App and various offline means, you may sign up or opt-in to receive marketing or promotional materials from us. If you do not opt-in, we will not send you any marketing or promotional materials.  Each communication sent to you in relation to marketing and promotional materials contains an “unsubscribe” link or other unsubscribe mechanism, allowing you to opt-out at any time. 

IV. Disclosure of Personal Information

A. General

The Company may only disclose your personal information as permitted or required by law.  We may disclose your personal information specifically as follows:

• we may disclose your personal information without your consent if required by law;

• we may disclose your personal information during a corporate reorganization or sale of all or substantially all of the Company’s assets subject that the receiving party is bound by the terms of this Privacy Policy;

• we may disclose personal information to third parties for the purposes of payment processing; and

• we may disclose personal information to improve the functionality and use of the App by other users.

B. Service Providers and Personal Information

We may use service providers to help us implement and improve the App.  We may share your information with these third parties for these limited purposes. Our service providers are required to comply with our privacy standards to protect the privacy of your personal information, and to only handle your personal information for the Company’s purposes only.  Your personal information may also be used by platforms through which you have purchased our App, including Oculus.  Your personal information may also be used by Unity, AWS, Mindbody, and Wowza in order to implement our App and statistics within the App.

C. Payment Processors

Oculus may require you to provide payment information, including but not limited to, credit card information and billing addresses using the Oculus Subscriptions API.  The Company does not retain your credit card information.  The Company makes no representations or warranties regarding the privacy practices of Oculus or any payment processors and expressly denies any responsibility or liability with respect to personal information disclosed to such entities.

V. Openness, Access and Security

C. What rights do I have with respect to the personal information? 

Given that the Company collects, uses, and discloses your personal information, you may assert certain rights with respect to this information by emailing us at info@hoame.ca. 

You have the right to access, review, correct, update or otherwise modify the personal information we have for you.  In each such case, you must clearly indicate the information that you wish to have changed or clearly indicate that you wish to have your personal information removed from our database.  If you successfully demonstrate that the personal information we have for you is inaccurate or incomplete, we will amend our records of your personal information as required.  

You have the right to request that we restrict the use of your personal information for a period necessary to verify the accuracy of your personal information and to rectify as needed.  You also have this right if the use of your personal information is illegal but you do not wish for your personal information to be erased, if we no longer need your personal information for the aforementioned purposes but you request that your personal information is preserved for the purposes of the determination, exercise or defence of your legal claims, or if you have objected to the use of your personal information on the basis of the Company’s legitimate interest.  

You have the right to object to the use of personal information on the basis of the Company’s legitimate interest. We will consider whether it genuinely in our legitimate interest to process your personal information for the given purpose. If we determine that we do not have any legitimate reasons that prevail over your interests, rights or freedoms, we will terminate the use of and destroy such personal information.  Any such objection should be bona fide and legitimate and we recommend that you to obtain all the necessary information at the aforementioned email address prior to making such objection.

Please note that despite any request for a change to or removal of your personal information, we may need to retain certain information for record keeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed.  We will make commercially reasonable efforts to transmit any amended information to third parties having access to your personal information, where necessary in the circumstances. We will ensure that your personal information is kept as accurate, complete and up-to-date as possible.  

You have the right to demand that we erase your personal information.  If you believe that your personal information is no longer needed for the purposes for which is has been collected, that your personal information has been obtained illegally, or if the Company has collected the personal information of a minor without parental consent, you may request that we erase your personal information.  However, if you wish to keep using the App, this may not always be possible depending upon the type of personal information you request to be deleted.

You may assert your right to to data portability based on which we will hand over the personal information provided by you in a commonly used, structured and readable format or if you require, we will transfer the personal information to another controller of your own choice, where such transfer is technically feasible.

If you find the aforementioned rights insufficient or believe that the Company has in any way infringed upon your rights, you have the legal right to file a complaint with the applicable supervisory body or a court of competent jurisdiction.

D. How fast will we respond to your requests?

Please note that requests for changes to your personal information, even those submitted through our App, may not be effective immediately. We will attempt to respond to any requests regarding personal information as soon as reasonably possible, and in any event not later than thirty (30) days after receipt of each such request.  We will advise you in writing if we cannot respond to any of your requests within this time limit.  

E. Are there any costs to you for requesting information on your personal information or on our Privacy Policy?

We will not assess any costs to you for access to your personal information or on our Privacy Policy without first providing you with an estimate of the approximate costs, if any.  You may withdraw your request for access to information by notifying us at info@hoame.ca. 

F. How do we know that it is really you requesting your personal information?

We may request that you provide us with sufficient identification before granting you access to information regarding the existence, use or disclosure of your personal information. Any such identification information shall be used only for this purpose.

G. What safeguards have we implemented to protect your personal information?

We have implemented physical, organizational, contractual and technological security measures to protect your personal information from loss or theft, unauthorized access, disclosure, copying, use or modification. The only personnel who are granted access to your personal information are those with a business “need-to-know” or whose duties reasonably require access to such information.

H. What type of security do we provide on our App?

The security of all personal information collected through our App is of utmost importance to us. We have taken reasonable technical, contractual, administrative and physical security steps to protect the personal information collected from you through the App, consistent with standard industry practice and the sensitivity of the personal information collected. These security measures are periodically reviewed.  However, there are some things that users of our App can do to help protect the security of their personal information as well. For instance, no user should ever give out their user name and password. Also, every user should sign out of their Internet account and close their browser window each time they finish using the Internet so that other people using the same computer will not have access to their information.

I. Links to Other Sites

Our App may contain links to other apps or social media links that are not operated by us.  We are not responsible for the privacy practices or the content of such other apps, including apps operated by affiliated entities. We provide such links only as a convenience and the inclusion of a link on our App does not imply endorsement of the linked to app by us.  If you provide any personal information through any such third party app, your transaction will occur on such third party app (and not on our App) and the personal information you provide will be collected by and controlled by the privacy policy of that third party. We recommend that you review the privacy policies of third party apps arrived at from links on our App before using those apps.

J. Whom do I contact with questions or concerns about this Privacy Policy?

If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact us via mail or email at info@hoame.ca. We will answer your questions within a reasonable period of time and advise you of any steps taken to address any issues raised by you.

6. Privacy Policy Updates

We reserve the right to make changes to this Privacy Policy and will provide you with sufficient notice of any material changes to this Privacy Policy. Such changes will take effect immediately upon posting.  For your convenience, the last revised date of the current Privacy Policy will be posted at the bottom of this page. By continuing to interact with us following such changes, including by using our App, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Privacy Policy, please do not continue using our App.

Last updated:  January 3, 2022