Effective Date: August 10, 2026
Supersedes: not applicable (new)
Governing Jurisdiction: California, USA
Immerse Inc. · 2175 Tustin Ave, Costa Mesa, CA 92627 · legal@immerse.online
This Glasses & Biometric Data Addendum (the "Addendum") supplements, and forms part of, the Immerse Enterprise Terms of Service (the "Enterprise Terms," available at immerse.com/legal/enterprise-terms) and the Immerse Data Processing Addendum (the "DPA," available at immerse.com/legal/dpa) between Immerse Inc. ("Immerse") and the Customer identified on the applicable Order Form (the "Customer"). This Addendum applies only where the Customer elects the smart-glasses features on an Order Form that references this Addendum, and it is incorporated into the Enterprise Terms upon execution of such an Order Form. Capitalized terms used but not defined in this Addendum have the meanings given to them in the Enterprise Terms or the DPA.
In the event of a conflict, this Addendum controls over the Enterprise Terms as to its subject matter; the DPA (including Schedule 1 to the DPA) controls as to the Processing of Personal Data.
"Smart Glasses" means wearable devices (including Meta Ray-Ban AI glasses and similar wearables) used to access the Services, whose camera and microphone provide imagery and audio to the Application to power capture-based coaching.
"Capture Data" means the camera imagery, video, and audio made available to the Application by the Smart Glasses to power real-time, camera- and voice-aware coaching, together with the interaction content (such as transcripts and learning signals) derived from that capture.
"Biometric Data" means data constituting biometric identifiers or biometric information under applicable law (for example, voiceprints or facial geometry), to the extent that such data is Processed by Immerse.
"Third-Party Individuals" means persons who are not Authorized Users and who may be incidentally captured by the smart-glasses features.
The smart-glasses features are enabled only for Order Forms that reference this Addendum. Capture is disabled by default and activates on a per-Authorized-User basis only after that Authorized User provides in-application opt-in consent, which Immerse logs (recording the user ID, the timestamp, and the policy version). The Services otherwise continue to function if capture is not enabled.
The Customer shall: (a) instruct its Authorized Users on the lawful use of the capture features, including obtaining any consent required by applicable recording, wiretap, and privacy laws; (b) establish and enforce policies governing where capture is and is not permitted, including prohibited or private spaces; (c) where the Customer is an educational institution, comply with the Family Educational Rights and Privacy Act ("FERPA") and Section 7 of this Addendum; and (d) act as the entity with the direct relationship to, and responsibility for notices to, its Authorized Users. A breach of this Section by an Authorized User is deemed a breach by the Customer and is subject to the Customer indemnity in the Enterprise Terms.
Immerse shall: (a) Process Capture Data solely to provide the learning Services; (b) not perform facial recognition and not use Capture Data to identify, verify, or profile any individual; (c) process real-time audio and vision live and not retain them, retaining only the derived interaction content needed to provide the Services; (d) apply data minimization and de-identify any incidental content referencing Third-Party Individuals; (e) not sell Capture Data or Biometric Data and not use it to train third-party foundation models; and (f) retain the derived interaction content no longer than is necessary to provide the Services or as required by applicable law.
To the extent that any Biometric Data is Processed, Immerse: maintains a written retention-and-destruction policy; Processes such data only on the basis of opt-in consent captured through the Services; discloses it only to Sub-processors bound by terms no less protective than those in the DPA; does not sell, lease, or otherwise profit from it; and destroys it upon the earlier of the satisfaction of the purpose for which it was collected or termination, and in no event later than the period required by applicable law.
Capture Data may incidentally include Third-Party Individuals. Because real-time audio and vision are processed live and are not retained, incidental capture generally is not stored; where any derived content references non-users, Immerse minimizes and de-identifies it and does not use it to identify anyone. The Customer is responsible for ensuring lawful capture by its Authorized Users in accordance with Section 3.
Where the Customer is an educational institution and the Authorized Users are students, then, with respect to any "education records" Processed through the Services, Immerse acts as a "school official" with a legitimate educational interest, performing an institutional service under the Customer's direct control; uses education records only to provide the Services; does not re-disclose them except as permitted by FERPA and by the Customer's instructions; and returns or deletes them upon termination in accordance with the DPA. Immerse will provide reasonable assistance to the Customer with student and parent requests to access or correct education records.
For smart-glasses Processing, the applicable data Sub-processors are those set out in Schedule 1 to the DPA: OpenAI, L.L.C. (asynchronous, server-proxied generation, evaluation, and speech services), Google LLC (Gemini Live real-time voice and vision coaching, not retained), and Deepgram, Inc. (real-time speech-to-text, not retained). Meta Platforms, Inc. provides the Wearables Device Access Toolkit that exposes the glasses camera and microphone to the Application on-device, and processes payments through the Horizon Store. Immerse remains liable for its Sub-processors as provided in the DPA, and any addition or replacement of a Sub-processor is subject to the notice and objection process in Section 3.4 of the DPA.
This Addendum does not increase Immerse's aggregate liability cap under the Enterprise Terms, except that the Data-Protection Super-Cap set out in the Enterprise Terms and the regulatory-penalty allocation set out in the DPA continue to apply. The exclusions from the liability cap set out in the Enterprise Terms apply equally to this Addendum.
This Addendum is coterminous with the Order Form(s) that reference it and terminates automatically upon their expiry or termination. Sections 4(b)–(f), 5, and 7 survive the termination of this Addendum to the extent required by applicable law or to give effect to their terms.
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