Privacy Policy

NETVIRTA PRIVACY POLICY
Last Updated: June 6th, 2021

 

This Privacy Policy describes how NetVirta, Inc. and its affiliates (“NetVirta,” “we,” or “us”) collects, uses, and discloses your personal information where this Privacy Policy appears or is referenced, including through the CurveCapture® O&P mobile application (the “App”), the eBrace website at ebrace-global.orthomerica.com and ebrace.verifyt.cn, the NetVirta website at www.netvirta.com, and any other websites operated by NetVirta partners and clients (“Partners”).
 

By accessing a NetVirta website, a Partner website where the Plugin is used, the App, or any service from which this Privacy Policy is referenced, you confirm that you have read, understand, and acknowledge the terms of this Privacy Policy, and you consent to the data collection, use, and disclosures described herein. For the purpose of European data protection laws, NetVirta acts as a controller in connection with certain personal information described in this Privacy Policy. If you are a California resident, see Section 6 for information provided pursuant to the California Consumer Privacy Act.


SECTION 1.  We collect and use personal information from and about you. 

NetVirta (and the vendors and other parties we use to perform services on our behalf) collect, receive, and develop several categories of personal information about you depending on the nature of your interactions with us. For example, we may collect:

 

Contact Information and Other Identifiers. We might collect your name, email address, account username and password, phone number, mailing address, and country of residence.  

Physical Characteristics and Descriptions as described in California Civil Code Section 1798.80(e). We may collect physical characteristics, descriptions, and photographs you submit of yourself through the App.  If you use the App to create a 2D image or 3D model, we may collect images that you take through your device’s camera (e.g., photos of your face and body), and we may collect or record other information about your physical characteristics, such as your height, waist size, inseam, cup, band, and other physical aspects.  

Commercial, Purchase, and Preference Information. For example, we collect information about the products you purchase, consider, or shop for from our Partners, and information about your other transactions and preferences. 

Device, Internet and Network Activity Information. If you use our websites or the App, we will automatically collect certain information about your usage and device. This may include information about the browser, device and operating system you are using, device identifiers, and your IP address. We might collect information at the site you came from, or the site you visit when you leave us. We may collect page interaction information and other electronic communication on the page (such as what search terms or other data you enter, and what products, content, or links you view and click on). If you use our App, we may also look at the date/time stamps of when you access the App. We may also embed web beacons (also known as pixels) in the emails we send to you to help us understand how you interact with those messages, such as whether and when you opened an email or clicked on any content within the email. We may engage or otherwise permit other parties to also collect information on our sites and apps in these ways.

 

Location Information. The App includes certain location-based services to users who choose to participate.  If you opt in, we will automatically collect information about the precise location of the mobile device you use to access the App. 

Demographic Information. We may collect information like your age and gender.

Payment Information. If you purchase a product from a Partner through the App or our services, we (or a payment processor operating on our behalf) will collect your billing information and other payment details necessary to complete the transaction.  

Employment-Related Information. When you apply for a job, we collect information you submit as part of your application and resume. Depending on the location and type of job you apply for, this might include your work experience and previous employment, your education, whether you need a visa or require sponsorship, and/or current salary and compensation. Prior to extending a job offer, we may also conduct a credit check, background check, and/or employment verification to the extent permitted by applicable law. If you apply for a job, you may choose to also voluntarily provide any of the following information: ethnicity, gender, disability status, and/or veteran status.

 

Demographic Information. We may collect your age and gender.

 

Information You Submit or Provide, or Post. We collect feedback any information you provide when you contact us or create an account. 

 

SECTION 2.  We use personal information as described here.

We use the above-referenced categories of personal information for the following purposes:

  • to provide you with our products and services and fulfill transactions;

  • to test, analyze, and improve our products and services, including the App and our websites;

  • to send you marketing communications and serve you advertisements for our products and services, or those of our Partners;

  • to conduct research and analysis;

  • to contact you in connection with your transactions and your relationship with us;

  • to identify and authenticate your access to the parts of our services that you are authorized to access;

  • to send you updates regarding our products, services, website, or App;

  • to provide support and respond to your inquiries or administrative requests;

  • to comply with any applicable law, regulation, legal process or governmental request;

  • to enforce our Terms & Conditions, including investigations of potential violations thereof;

  • to detect, prevent, or otherwise address fraud or security issues;

  • to protect against harm to the rights, property or safety of NetVirta, its users, yourself, or the public;

  • to verify your identity in relation to requests you make pursuant to this Privacy Policy;

  • to evaluate your job application and conduct background and employment checks; and

  • for other purposes as may be required or permitted by law, or as we may notify you. 


SECTION 3.  We collect personal information about you from various sources. 

We collect personal information about you from various sources, directly and indirectly, including from the following sources:

 

Directly from you. For example, you will be asked to provide information when you create an account, contact us, sign up to receive communications from us, make a purchase, or apply for a job with NetVirta.

From your devices. We use tracking tools like browser cookies and web beacons to automatically collect information about you and your devices. We collect information when you interact with our websites, our App, our online advertisements, or our emails that we or our vendors send to you. To learn about your choices for these tracking tools, read Section 5 of this Privacy Policy.

 

From vendors we hire to work on our behalf. We may engage or hire vendors and service providers to help us operate certain parts of our business, such as website or App hosting and support, email or text communications, payment processing, and employment and recruiting. We may also engage marketing agencies, advertising technology vendors, and analytics providers. Any of these vendors and service providers may, from time to time, provide us with information about you when they collect such information on our behalf.
 

From your friends and family. Certain parts of NetVirta’s services may enable users to invite their friends to use the services by sending invitations through the friends’ accounts on third party social media platforms or by sending an email through our services. If you send an invitation to your friend through these channels, we will collect any information you provide about your friend. NetVirta’s services may also allow you to add family members to your account, provided that: (i) if the additional family member is under 18 years of age, you are the guardian of the family member and you agree to the Terms & Conditions on behalf of the family member; (ii) if the family member is above 18 years of age, you have had the family member review this Privacy Policy (including this section) and the family member has agreed to the Terms & Conditions.


From our Partners and from other sources. We may get personal information about you from our Partners’ websites where the Plugin is used, and from other sources, such as marketing partners and social media platforms. If you apply for a job, we may also get personal information from your current employer and background check providers.
 

We combine information. We may combine information that we have collected offline with information we collect online. Or we may combine information we get from another party with information we already have. We may also aggregate your information with other consumers’ information to understand preferences and trends over time.

SECTION 4.  We share your personal information with other parties.

We may share your personal information with NetVirta affiliates. 
 

We may share your personal information with vendors and service providers who perform services on our behalf.  These may include vendors who send emails for us, help us manage and operate our websites and App, process and fulfill transactions, provide advertising or marketing services, place our advertisements, provide analytics and search engine support, track advertising impressions, investigate and prevent data incidents, provide physical and digital security services, audit our business and financial statements, vet job applicants, and provide legal advice.

We may share your personal information with our Partners.  The NetVirta services are designed to facilitate your desire to transfer your personal information to any Partner company you select, by deliberately performing one of the following selection actions: (1) using the App to scan a QR code that is associated with the Partner; (2) sending your services-specific identifier to the Partner via email, text message, or any other means of communication (the services identifier could be an account username, email address that you used to register, a QR code that is generated by the services unique to you, or any other means that lead to identification of you); or (3) any other selection action that is performed deliberately by you with an intention to transfer your personal information to a Partner.  If you perform one of those selection actions, NetVirta will transfer your personal information to that Partner.  


We will share your personal information for safety and security purposes, if we think we have to in order to comply with the law, or to protect ourselves, our customers and others. We may share any or all personal information to respond to a court order or subpoena. We may also share any or all personal information if a government agency or investigatory body requests it. We might share your personal information in order to enforce our agreements and to protect our rights and/or the rights of others. We might share your personal information when we are investigating potential fraud.

We may share your personal information with a successor to all or part of our business. If part of our business (including any of our affiliates, divisions, and business units) is acquired by a third party, we may include personal information as part of that transaction, which may include some or all categories of your personal information. We may also share your personal information if there is a change to our corporate structure. We may also share your information with others as they conduct diligence of our corporate changes.

We may share personal information for other reasons we may describe to you from time to time or as permitted or required by law. 



SECTION 5.  You have certain choices about how we use your personal information. 

You can opt out of receiving our marketing emails and text messages. To stop receiving our promotional emails, you can follow the instructions in any promotional message you get from us. If you receive promotional text messages from us, you may opt out by replying “STOP”. Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions. 

You can control certain location tracking tools. To control the collection of your precise location on your mobile device, you can adjust the settings on your mobile device, such as by disabling location services or by turning off the Bluetooth and Wi-Fi.

You can control certain cookies and tracking tools. We and/or our service providers use tracking tools like pixels and cookies to collect information about users when you access NetVirta websites and Apps.  Cookies are small files that a website transfers to your computer’s hard drive through your web browser. We use cookies for several purposes, such as to recognize new or past users; store your password if you are registered on our site; improve our site; serve you with interest-based or targeted advertising; observe your behaviors and browsing activities over time and across websites; and better understand the interests of our users and website visitors. Your internet browser may give you the ability to control cookies or other tracking tools. How you do so depends on the type of tool. You can control certain cookies and tracking tools on your browser.  Most browsers have a “help” button or section on the toolbar to help explain how to change your cookie preferences.  If you click on this button or section, you will find information about turning on and off cookies and how to receive notifications when a new cookie is received.  If you block all cookies, certain functionality of our websites may be negatively impacted. If you block or reject cookies, not all of the tracking described here will stop.  Choices you make are both browser- and device-specific, meaning that you should exercise your preference on each browser and on each device you use.  If you clear cookies from your browser, you may need to exercise these choices again.

You can opt-out of Google Analytics. We use Google Analytics to help us understand how our users use our websites.  You can opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

 

You can limit interest-based advertising. You may opt out of having your online behavior recorded and used for targeted advertising. To opt out of receiving interest-based advertising from participating companies, visit the opt-out mechanisms of the Digital Advertising Alliance and the Network Advertising Initiative.  Choices you make are both browser- and device-specific, meaning that you should exercise your preference on each browser and on each device you use.  If you clear cookies from your browser, you may need to exercise these choices again.

 

Our Do Not Track Policy.  Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our site may not work. If you block or reject cookies, not all of the tracking described here will stop.

SECTION 6.  Your California Privacy Rights. 

If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us an email, or write to us at the address listed below. Indicate in your letter that you are a California resident making a “Shine the Light” inquiry.

 

If you reside in California, you can make the following more specific requests with respect to your personal information:
 

  • Access – You can request that we disclose to you the categories of personal information we collected about you, the categories of sources from which we collected the personal information, the categories of personal information we sold or disclosed, our business or commercial purpose for collecting and selling the personal information, the categories of third parties with whom we shared the personal information, and the specific pieces of personal information we collected about you over the past 12 months
     

  • Deletion – You can request that we delete your personal information that we maintain about you, subject to certain exceptions.
     

  • Do Not Sell My Personal Information – For purposes of this Privacy Policy, “sell” means the sale of your personal information to an outside party for monetary or other valuable consideration, subject to certain exceptions set forth in applicable California law (such as when you intentionally direct us to share your information with that third party, as we do when you instruct us to share information with a Partner). Based on our understanding of California law, we do not believe we sell your personal information.
     

NetVirta will not discriminate against you because you made any of these requests.

 

California residents can make these requests by emailing us at curvecapture-privacy@netvirta.com or [617-855-5616]. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests. Except as otherwise provided by applicable California law, note that for purposes of these requests under this Section, personal information does not include information about job applicants, employees and other of our personnel; information about employees and other representatives of third-party entities we may interact with in a business-to-business capacity; or information we have collected as a service provider on behalf of another business.

 

We will take reasonable steps to verify your identity prior to responding to your requests. The verification steps may vary depending on the sensitivity of the personal information and whether you have an account with us.
 

California residents may designate an authorized agent to make a request on their behalf. When submitting the request, please ensure the authorized agent is identified as an authorized agent.

For purposes of California residents making these requests, please also note the following disclosures regarding how we collect, use, and share your personal information as described in this Privacy Policy, including in the previous 12 months:

 

  • We may collect, use, and disclose for our business and commercial purposes, categories of personal information as set forth in applicable California law, including: identifiers; payment and customer records information; characteristics of protected classifications under California or federal law (such as age and gender); categories of personal information described under Cal. Civil Code. Section 1798.80(e); commercial information; professional or employment information; internet or other electronic network activity information; geolocation data; audio, electronic, visual, thermal, or similar information;.  See Section 1 above for additional detail.

  • We collect and use these categories of personal information for the business and commercial purposes described in Section 2 of this Privacy Policy.

  • We collect these categories of personal information from the sources described in Section  3 above.

  • We may disclose each of the foregoing categories of personal information for the business and commercial purposes described in this Privacy Policy to the extent permitted by applicable law, to the categories of third parties as described in Section 4 of this Privacy Policy.

SECTION 7.  Your EU and UK Privacy Rights.
 

As detailed below, to the extent provided by the law of your jurisdiction, you may have legal rights in relation to the personal information about you that NetVirta holds. We may require you to prove your identity with approved identification if you request this information.
 

Lawful basis for processing your personal information.

We process on the following legal bases:


1. Contract: It is necessary for our performance of the contract you have agreed to enter with us.  If you do not provide your personal information to us, we will not be able to carry out our obligations under the terms of the contract.


2. Legitimate Interests: We process your personal information if it is based on our legitimate interests. For example, we may process personal information in reliance on a legitimate interest in the effective and lawful operation of our business, the effective delivery and improvement of our products, services, and platforms, information security operations, compliance with laws and regulations, compliance with requests for disclosure to law enforcement, courts, and regulatory bodies, and to prevent and detect fraud or suspected fraud. In relation to general inquiries and complaints you send us, our legitimate interest is to provide you with information you have requested and to provide customer support. You can object to the processing that we carry out on the grounds of legitimate interests. See the section “Rights of data subjects” below to find out how.


3. Consent: Where you have given us consent to do so, we may share your personal information with Partners. You have the right to withdraw your consent. Please see the section “Rights of data subjects” below to find out how.


4. Legal Claims: We may need to process your personal information to defend or establish a legal claim (for example, claims relating to the sale of our goods and services under contract law).
 

Rights of EU and UK data subjects

You have the following rights, where provided under applicable law, regarding your information for which NetVirta is a data controller (each of which are subject to various exceptions and limitations):


1. The right to be informed: You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we are providing you with the information in this Privacy Policy.
 

2. The right of access: You have the right to obtain access to your information (if we are processing it), and certain other information (similar to that provided in this Privacy Policy). This is so you are aware and can check that we are using your information in accordance with data protection law.
 

3. The right to rectification: You are entitled to have your information corrected if it is inaccurate or incomplete.


4. The right to erasure: This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your information where there’s no compelling reason for us to keep using it. This is not a general right to erasure; there are exceptions.
 

5. The right to restrict processing: You have rights to ‘block’ or suppress further use of your information. When processing is restricted, we can still store your information. We keep lists of people who have asked for further use of their information to be ‘blocked’ to make sure the restriction is respected in future.
 

6. The right to data portability: You have rights to obtain and reuse your personal information for your own purposes across different services and platforms.
 

7. The right to object: You have the right to object to certain types of processing, in particular processing based on our legitimate interests. You also can object at any time to your information being used for direct marketing purposes (including profiling related to such direct marketing). Where you object to processing for direct marketing purposes, the personal information shall no longer be processed for such purposes.


8. The right to refuse or withdraw consent: You have the right to refuse to provide and withdraw your consent to processing of your personal information at any time with effect for future processing.

If you are not satisfied with our response to your complaint or believe our processing of your information does not comply with data protection law, you can make a complaint to your local data protection authority.

Please note your rights in relation to your personal information are not absolute. We may, for example, deny you access to your personal information when required or authorized by law, or if granting access would have an unreasonable impact on another individual’s privacy. We will retain and use your personal information as described in this Privacy Policy, including as necessary to comply with our legal and business obligations, resolve disputes, and enforce our agreements.

 

SECTION 8. We may process and store information in the United States.
 

Information we collect from you in our role as a data controller may be transferred to, processed in, or stored in the United States, Singapore, or another destination outside of the European Economic Area (“EEA”), the United Kingdom, or your jurisdiction of residence (but note that if we have collected personal information from users in the EEA or UK in the capacity of a data processor on behalf of a data controller, we will process such personal information within the EEA or UK).  Information may be processed by personnel operating in these locations who work for us or one of our business partners. Information we collect as a data controller and transfer to the United States, Singapore, or elsewhere may be subject to access by and disclosure to government and law enforcement agencies in those countries according to their laws. The standard of data protection in the United States and in certain other countries where we may process your information is considered by the European Commission and the UK government to be not adequate when compared to the data protection standards of the EU, EEA and the United Kingdom. By using our websites or submitting your personal information, you consent to such transfer, storing and processing.
 

 

SECTION 9.  Our websites, Apps, and services are not intended for children. 
 

NetVirta’s websites, Apps, products, and services are intended to be used by consumers over the age of 18. If you are a consumer under the age of 18 and would like to access these, you must ensure that your parent or legal guardian reads and explains this Privacy Policy to you. By using our websites, Apps, products, or services, your guardian consents to NetVirta collecting, processing, and sharing your personal information for the purposes set forth in this Privacy Policy. If your parent or guardian does not consent to the processing disclosed in this Privacy Policy, please do not access or otherwise use the NetVirta websites, Apps, products, or services. If we learn that we have collected personal information from a consumer under the age of 18 without his/her parent or guardian’s consent, we will delete that information as quickly as possible. If you believe that NetVirta might have any such information, please contact us at curvecapture-privacy@netvirta.com.

 

SECTION 10.  We use certain standard security measures. 
 

NetVirta follows generally accepted industry standards, including the use of appropriate administrative, physical, and technical safeguards, designed to protect the personal information we store. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while NetVirta strives to use reasonable means to protect your personal information, we cannot guarantee its absolute security or confidentiality.
 

SECTION 11.  We may link to third-party sites or services we don’t control. 
 

If you click on a link to a third-party site or a third-party app, you will be taken to a website or service we do not control. This Privacy Policy does not apply to the privacy practices of that website or services, which may collect information from you. Read the privacy policy of other websites, apps, and services carefully. We are not responsible for these third-party websites or services or their policies.
 

SECTION 12.  Feel free to contact us.
 

If you have any questions about this Privacy Policy or your information, please email us at curvecapture-privacy@netvirta.com. You can also write to NetVirta at 53 State Street, Boston, Massachusetts 02127, or call us at [617-855-5616].

 

SECTION 13.  We may update this Privacy Policy.

NetVirta reserves the right, at our discretion, to change this Privacy Policy at any time. Notice of such change will occur by posting the revised Privacy Policy on the websites and/or the App, or as otherwise required by applicable laws, with the changes effective ten (10) days following posting.  Your continued use of the websites, Apps, or services thereafter means that you acknowledge and consent to those changes.