1. Introduction

Brinx Software Inc., also doing business as Masterpiece Studio and MasterpieceVR, (“Brinx”, “We” or “Us”) is committed to protecting your privacy. Brinx makes available: (i) the Masterpiece Motion software for content creators who want to quickly rig 3D models; (ii) Masterpiece Creator software for 3D sculpting, painting, and mesh cleanup software; (iii) MasterpieceVR software for sculpting 3D models; and Masterpiece Studio platform that lets users interact other users, download, upload content, manage user accounts, payments, auto-update applications, host 3rd party software, enable cloud processing (the “Platform”); as well as the Brinx websites located at masterpiecevr.com, masterpiecestudio.com and masterpiecex.com including all subdomains, and successor pages (collectively, the “Website”), together with our software services as further described in our Terms of Use (the “Services”). Collectively the Software, Website and all Services constitute the “Masterpiece Offerings”.

2. Your Consent

By using the Masterpiece Offerings, you consent to the use of your Personal Information (as that term is defined below), as described in this Privacy Policy. Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purpose without your consent. You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue using the Masterpiece Offerings or certain features of the same.

3. Our Privacy Statement

3.1 Application.

This Privacy Policy describes how We collect, use and disclose Personal Information about our Users through the Masterpiece Offerings. We aim to collect, use and disclose only Personal Information as is required to enable Us to manage your Account (as defined in our Terms of Use), to provide the Services, including access to the Platform, support, contact you to solicit feedback or as otherwise described in this Privacy Policy.

Two types of information may be collected through the Website and our Services: Personal Information and Non-Personal Information. This Privacy Policy does not extend to the collection, use or disclosure of Non-Personal Information (as defined further below).

"Personal Information" is any information about an identifiable individual, such as your name, telephone number, address, location, e-mail address, and credit card information, as well as any of your preferences. It is always your choice whether or not to provide Personal Information, but if you choose not to provide certain requested Personal Information, in some instances you may not be able to register for an account to use the Website and Services or be able to access and use the Website or Services at all. In other instances, your choice not to provide certain other Personal Information may mean that you will not be able to use certain features of the Website, Platform and Services.

"Non-Personal Information" is information of an anonymous nature that is not linked to an identifiable individual. It may include aggregate information, such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors, webpages accessed, and average time spent on the Website, Platform and/or Services, where that information is aggregated or anonymized.

4. Personal Information That We Collect

We may collect Personal Information when you register for an Account on the Website, Platform and/or Services, during communications with you and/or when you make purchases, through user support, and/or by way of user surveys. We collect Personal Information in the ways described below.

4.1 All Users.

Information you provide to us: For all Users, we collect Personal Information when you provide such information, such as when you register for access to the Services or other Masterpiece Offerings, contact us with inquiries, respond to one of our surveys or browse the Website or use certain parts of the Services. The Personal Information we may collect includes without limitation your name, unique user ID, address, e-mail address, phone number, username of any linked platforms, job title, and other profile information that you choose to upload. We may also request and collect information about your preferences, as they relate to the Masterpiece Offerings.

Information from third-party platforms: Users may have the option of using a third-party service to log in to their Masterpiece Studio and/or otherwise link their Account to another service, such as Facebook, Google and LinkedIn (“Third Party Account”). When Users connect their Account to a Third-Party Account, we collect Personal Information from the Third-Party Account that is identified to the User at the time of collection and may include email, name, age, gender, and occupation.

Information about your use of the Services: We collect the following information from Users about their use of the Services to allow us to gain insights as to how our Services are used and improve the Services: time spent in sessions in various modes (single player, multi-player etc.), number of multi-player connections, usage of buttons and features, type of platform, file exports and posts to Third-Party Accounts, as well as associated information including user type and the dates and times.

Information we automatically collect: We also automatically collect certain technical data that is sent to Us from the computer, mobile device and/or browser through which Users access the Services (“Automatic Data”). Automatic Data, includes without limitation, a unique identifier associated with your access device and/or browser (including, for example, your Internet Protocol (IP) address), characteristics about your access device and/or browser, statistics on your activities on the Services, information about how you came to the Services and data collected through cookies and other similar technologies.

When you register for the Services or otherwise submit Personal Information to Us, we may associate other Non-Personal Information (including Non-Personal Information we collect from third parties) with your Personal Information. At such instance, we will treat any such combined data as Personal Information until such time as it can no longer be associated with you or used to identify you.

5. How We Use Your Personal Information

We collect and use the Personal Information we collect in a manner that is consistent with this Privacy Policy. We may use the Personal Information as described below.

5.1 Specific Reason.

If you provide Personal Information for a certain purpose, we may use the Personal Information in connection with the purpose for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Information you provide to answer your question or resolve your problem and will respond to the e-mail address from which the contact came.

5.2 Access and Use.

If you provide Personal Information in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Information to provide you with access to or use of the Services or functionality and to monitor your use of such Services or functionality. For instance, if you supply Personal Information relating to your identity or qualifications to use certain portions of the Services, we will use that information to make a decision as to granting you access to use such Services and to monitor your ongoing qualification to use such Services.

5.3 Product and Services Development and Improvement.

We may use your Personal Information to help us improve the content and functionality of the Masterpiece Offerings, by better understanding how our Users interact with the Masterpiece Offerings. We also collect statistics about use of the Masterpiece Offerings purchased or utilized. This information is used to monitor and improve the Services and Masterpiece Offerings more generally. This information will be kept confidential; however, aggregate statistics that do not personally identify an individual will be kept by Us and such aggregate statistics may be made available to third parties.

5.4 Security.

We also use Personal Information to verify the identity of our Users, when necessary and for other security related purposes (eg. preventing fraud).

5.5 Marketing.

We may use your Personal Information to notify you of promotions, offers, and events or other services that may be of use to you, as well as to solicit feedback from you. We will only send you electronic marketing messages in compliance with anti-spam legislation. You can unsubscribe from these messages at any time. We use email marketing services to track statistics related to our email marketing campaigns, such when and how often emails are opened.

5.6 Other Purposes.

If we intend to use any Personal Information in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time the Personal Information is collected or we will obtain your consent subsequent to such collection but prior to such use.

6. System Logs & Cookies

You will have the option to accept cookies when you visit the Website. We use cookies to track content usage and traffic on the Website and/or Services as well as provide an automatic login option. A cookie is a feature of your web browser that consists of a text file that is placed on your hard disk by a web server. The Website and Services may use cookies to help it compile aggregate statistics about usage of this Website and/or Services, such as how many users visit the Website and/or Services, how long users spend viewing the Website and/or Services, and what pages are viewed most often. This information is used to improve the content of the Website and/or Services. You can set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Website and/or Services.

Your IP address is reported by your web browser whenever you visit a page on the Website and/or access the Services. This information is recorded together with your registration information on our databases.

7. Sharing of Personal Information on Masterpiece Offerings

Certain information you choose to post to your Masterpiece Studio profile, such as your Masterpiece Studio ID (also known as your Masterpiece Studio Username), and profile picture, will be public and visible to people on and off our Services. Your Masterpiece Studio ID is a unique identifier you choose to identify yourself on our Services.

In addition, content you post to public areas of our Services, such as a forum, profile, blog, or other community tool, images, and models, and other digital content will also be visible to people on and off our Services. If you post information to these interactive features, it will be publicly available. Certain information associated with your public posts, such as the time of your post, may also be published and publicly available.

8. Disclosures & Transfers

We have put in place contractual and other organizational safeguards with our agents to provide a reasonable level of protection for your Personal Information (see further ‘Security’ below). In addition to those measures, We will not disclose or transfer your Personal Information to third parties without your permission, except as specified in this Privacy Policy (see further ‘Important Exceptions’ below).

We employ third parties to help Us improve or otherwise make available features on the Masterpiece Offerings, whether through the provision of maintenance services, database management, Web analytics or otherwise.

Brinx may provide Personal Information collected from you, to its service providers as necessary to enable the service provider to perform its obligations to Us. They will be subject to contractual restrictions prohibiting them from using or disclosing any Personal Information for any other purpose.

Our servers and sub-processors are located in Canada and the United States (although this location may change from time to time) and your Personal Information may be transferred to and processed in those countries. For a current list of our sub-processors, please visit:

masterpiecestudio.com/subprocessors.

Given the location of our servers and sub-processors, your Personal Information may become available to the governments of third-party’s countries or their agencies under a lawful order, irrespective of the safeguards We have put in place for the protection of your Personal Information. By using the Masterpiece Offerings, you consent to the hosting and processing of your Personal Information in accordance with the terms hereof. We reserve the right to store and process Personal Information in another location and will use commercially reasonable efforts to provide you with reasonable advance notice of any such changes in the processing location.

8.1 Important Exceptions.

We may disclose your Personal Information to third parties without your consent, where permitted or required by law; for example, if We have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to, or interference with (either intentionally or unintentionally), our rights or property, other users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may also use or disclose your Personal Information to enforce our Terms of Service. We only disclose Personal Information when We believe in good faith that such disclosure is required by and/or in accordance with the law.

We may also disclose your Personal Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

9. Retention

We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, Non-personal Information, account recovery, or if required by law. All retained Personal Information will remain subject to the terms of this Privacy Policy.

10. Security of Personal Information

The security of your Personal Information is important to Us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to Us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff or other permitted persons or companies as are reasonably necessary to carry out the stated purposes We have communicated to you.

11. Amendment of this Policy

We reserve the right to change this Privacy Policy at any time. If We decide to change this Privacy Policy in the future, We will post an appropriate notice on the Website or Platform. Changes will become effective 30 days from their posting on the Website or Platform. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that We have about you. The date on which the latest update was made is indicated at the bottom of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Masterpiece Offerings signifies your acceptance of any changes.

12. Access and Accuracy

You have the right to access the Personal Information We hold about you in order to verify the Personal Information We have collected in respect to you and to have a general account of our uses of that Personal Information. Upon receipt of your written request, We will provide you with a copy of your Personal Information although in certain limited circumstances, We may not be able to make all relevant Personal Information available to you, such as where that information also pertains to another individual or as otherwise required or permitted by law. In such circumstances, We will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your Personal Information accurate and up to date, and We will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which We are permitted to disclose your information. Having accurate Personal Information about you enables Us to give you the best possible service.

13. Children’s Privacy

The Website, Platform and/or Services are not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13 without obtaining parental consent. If you are under 13 years of age, then please do not use or access the Website and/or Services at any time or in any manner. If we learn that Personal Information has been collected on the Website and/or Services from persons under 13 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. You may notify us as set forth in the “Contact Us” section and request that we delete that child’s Personal Information from our systems.

14. Residents of the European Economic Area (EEA)

Brinx generally processes Personal Information in order to fulfill contracts we have with our Users (including our Terms of Use) and to pursue our legitimate business interests listed above. Otherwise, Brinx will obtain consent from an individual in respect of processing of Personal Information if required by law to do so.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• Where the country has 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 data the same protection it has in Europe.

• Where we use providers based in the U.S., we may transfer data to them subject to appropriate contractual terms in place to provide adequate protection to Personal Information relating to data subjects in the EU .

Individuals located in the EEA have certain rights under European law (including under the General Data Protection Regulation) with respect to personal data (as that term is defined under the GDPR), including the right to request access to, obtain, correct, amend, delete, transfer or limit the use of your personal data. Users located in the EEA who wish to exercise these rights, should contact Brinx using the contact information below. If you are using the Services on behalf of a third-party who is a customer of Brinx (e.g. educational institution or studio), you may be required to contact the third-party directly to exercise your rights.

15. Contact Us

If you have any questions about this Privacy Policy or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Brinx Website, Platform or the Services, please contact Us at support@masterpiecestudio.com or by mail at:

Brinx Software
7 Bayview Road,
Ottawa, Ontario, Canada
K1Y 2C5
Attn: Privacy Officer

Last Updated: August 27, 2020