PRIVACY POLICY

Effective Date: December 8, 2021

This privacy policy (the “Privacy Policy”) describes the types of information MorpheusXR, Inc. (called “MorpheusXR” throughout) may collect from you or that you may provide when you visit the website www.morpheusxr.com (which is referred to as our “Website” or “Site” throughout this Privacy Policy) or when you use the MorpheusXR mobile application (the “App”, and collectively with the Site, the “Services”). It also provides you with information on how MorpheusXR collects and processes your Personal Information through your use of the Services, including any data you may provide when you visit our Website, download and use our App, sign up to our newsletter, or otherwise purchase or use our services.

It is our policy to post any changes we make to our Privacy Policy here and provide a notice that the Privacy Policy has been updated on our website. If we make material changes to how we treat our users’ Personal Information, we will notify you through a notice on the Website home page and an alert on the App. The date the Privacy Policy was last revised is identified at the top of the Privacy Policy. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

This website is not intended for children under the age of 13 and we do not knowingly collect data relating to children.

If you have any questions about this Privacy Policy, please contact us at:

MorpheusXR, Inc.
Jen Regan, COO
info@morpheusxr.com

 

1. THE DATA WE COLLECT ABOUT YOU

We may collect Personal Information about you when you send such information to us or automatically when you use our Services. “Personal Information” means any information about an individual from which that person can be identified. It does not include anonymous data or Aggregated Data (defined below).

We may collect, use, store and transfer additional kinds of data about you which we have grouped together follows:

  • Identity Data – includes first name, last name, username or similar identifier, and the like.
  • Contact Data – includes billing address, delivery address, email address and telephone numbers.
  • Financial Data – includes payment card details.
  • Transaction Data – includes details about payments to and from you and products and services you have ordered from us.
  • Technical Data – includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Site.
  • Usage Data – includes information about how you use our Site, our App, and our other products and services.
  • Marketing and Communications Data – includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share non-Personal Information that is aggregated with other data, usually other users’ non-Personal Information, such as statistical or demographic data for any purpose (“Aggregated Data”). Aggregated Data may be derived from your Personal Information but is not considered Personal Information in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Information about you. “Special Categories of Personal Information” of includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Where we need to collect Personal Information by law, or under the terms of a contract we have with you and you refuse to provide that data when requested, we may not be able to provide you with goods or services or otherwise fulfil a transaction with you. In this case, we may have to cancel the product or service you have ordered but we will notify you if this is the case at the time.

 

2. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

  • Authentication via Social Accounts: We only use that information to secure access to your personal account.
  • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes data you provide when you:
    • Place an order;
    • create an account on our Site or App;
    • subscribe to our newsletter;
    • request that information, discounts, or promotional material be sent to you;
    • enter a competition, promotion or survey;
    • send us an email or otherwise contact us; or
    • give us feedback.
  • Automated technologies or interactions. As you interact with our App and our Site, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this Personal Information by using cookies and other similar technologies. For more information, please see the section on COOKIES below.

3. HOW WE USE YOUR PERSONAL DATA

We will only use your Personal Information when the law allows us to. Most commonly, we will use your Personal Information in the following circumstances:

  • To meet our obligations to you (for example, to provide you with the services.)
  • To register you as a new customer.
  • To process your payments.
  • To provide customer service to you.
  • To request that you review a product.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.
  • To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

4. HOW TO REQUEST FOR YOUR DATA TO BE DELETED

You can ask us to delete the Personal Information about you that we have collected for the purposes above by Contacting us at any time. Please kindly provide reference by which we can identify your Personal Information (e.g., your email). Our representatives will contact you to confirm your Identity via email.

More information on deleting or requesting the Personal Information is provided in Section 10.

 

5. MARKETING

We strive to provide you with choices regarding certain Personal Information uses, particularly around marketing and advertising. Residents of the European Union (“EU”) may have individual rights regarding the use of Personal Information for marketing. If you are in the EU, please see the additional information in Section 10 below.

PROMOTIONAL OFFERS FROM US

We may use your Identity, Contact, Technical, Usage and Profile Data to offer products, services, or information that we think you may want or need, or that may be of interest to you.

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details and, in each case, you have not opted out of receiving that marketing.

OPTING OUT

You can ask us or third parties to stop sending you marketing emails at any time by checking or unchecking relevant boxes on the account section of the Site or the App to adjust your marketing preferences or by following the opt-out links on any marketing email sent to you or by Contacting us at any time.

6. COOKIES

We use cookies in our Services. A “browser” or “HTTP” cookie is a unique text file that may be used for data analysis, and enables a web site to tailor information presented to a user based on a user’s browsing program. We may use browser cookies to personalize your experience of the Services, to remember you, for fraud prevention, or to track visits to our Site. If you do not want to permit the use of cookies, you can set your browser to reject cookies or to notify you when a web site tries to place cookies in your browser program. Note that rejecting cookies may affect your ability to use some of the products, features, functions, Services, or our Site. We also may use local shared objects, also known as “Flash cookies” to store your preferences or display content based upon what you view on our website to personalize your visit. Flash cookies are different from “browser” cookies because of the amount of data, type of data, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies, including how to delete Flash cookies, click here for additional information:

https://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118.

The ads appearing on the Services may be delivered to visitors by third parties, such as Google. We use advertising technology on the Services to show you advertising targeted to your interests and relevant to you. In addition, third party advertisers on our Services may use other advertising technology to show you targeted advertising on the Services. In the course of serving advertisements to the Services, our partners may place or recognize a unique cookie on a user’s browser. Information about users’ visits to the Services, such as the number of times users have viewed an ad (but not users’ names, addresses, or other personally identifiable information), are used to serve ads to visitors. The use of cookies enables our partners to serve ads to users based on such user’s visit to the Services and other Services on the Internet. As with other cookies, you may block or delete such cookies from the user’s drive or memory. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here. For our European customers you may opt-out here. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

7. THIRD-PARTY LINKS

The Services may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party services and are not responsible for their privacy statements. When you leave our Services, we encourage you to read the privacy notice of every website you visit.

 

8. DATA SECURITY

We have put in place appropriate security measures to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Services.

We have put in place procedures to deal with any suspected Personal Information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

9. DATA RETENTION

We will only retain your Personal Information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances, you may have the right to ask us to delete your data. If you would like to delete your data, please contact us via email: INFO@MORPHEUSXR.COM. For UE residents, please read the corresponding Section 10 in order to get more details about your rights and how to exercise them. For California residents, please find such information in the Section 11.

In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

10. RIGHTS OF EU RESIDENTS

This Section 9 applies to users who are accessing the Services from the EU. Under certain circumstances, EU residents have rights under data protection laws in relation to their Personal Information. If you are an EU resident, you have the right to:

Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.

Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us via email: INFO@MORPHEUSXR.COM.

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights) unless your request is clearly unfounded, repetitive or excessive, in which case we may charge a reasonable fee. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

INTERNATIONAL TRANSFERS

Whenever we transfer Personal Information out of the European Economic Area, we ensure that a similar degree of protection is afforded to it by implementing at least one of the following safeguards:

  • We will only transfer your Personal Information to countries that have been deemed to provide an adequate level of protection for Personal Information by the European Commission.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give Personal Information the same protection it has in Europe.

11. PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send us an electronic message through our Services or write us at our address listed on our webpage: INFO@MORPHEUSXR.COM.