Under European law, companies must have a legal basis to process data. You have particular rights available to you depending on which legal basis we use, and we've explained these below. You should know that no matter what legal basis applies, you always have the right to request access to, rectification of, and erasure of your data under the General Data Protection Regulation (the ‘GDPR’). To exercise your rights, visit the Privacy Center.
For all people who have legal capacity to enter into an enforceable contract, we process data as necessary to perform our contracts with you (the Terms of Service). We describe the contractual services for which this data processing is necessary in the “Oculus Products and Services” section of the Terms of Service, and in the additional informational resources accessible from the Terms of Service. The core data uses necessary to provide our contractual services are:
- To provide and personalize our Services;
- To improve and develop your experience and our Services;
- To promote safety and security;
- To transfer, transmit, store, or process your data outside the EEA, including to within the United States and other countries; and
- To provide consistent and seamless experiences across the Facebook Company Products.
When we process data you provide to us as necessary to perform our contracts with you, you have the right to port it under the GDPR. To exercise your rights, visit the Privacy Center.
The other legal bases we rely on in certain instances when processing your data are:
- Our legitimate interests or the legitimate interests of a third party:
- For sharing measurement and analytics information with app developers. The legitimate interests we rely on for this processing are:
- In the interests of app developers, to help them understand their customers and improve their businesses, and evaluate the effectiveness of their content.
- For providing marketing communications to you. The legitimate interest we rely on for this processing is:
- To promote Oculus Products and Services and issue our direct marketing.
- To research and innovate for social good. The legitimate interest we rely on for this processing is:
- To further the state of the art or academic understanding of virtual, augmented, and mixed reality (collectively, “XR”) technology as well as of important social issues to impact our society and world in a positive way.
- For people under the age of majority (under 18, in most EU countries) who have a limited ability to enter into an enforceable contract, we may be unable to process personal data on the grounds of contractual necessity. Nevertheless, when such a person uses our Services, it is in our legitimate interests to:
- Provide, personalize, and improve Oculus Products and Services; for people under their Member State’s age of consent: as modified to ensure special protections and restricted features regarding the marketing communications from Oculus. This includes processing information people under the age of consent allow us to receive through device-based settings they enable, to provide the features and services covered by those settings.
- Promote safety and security, including through tools focused specifically on threats to people under the age of majority.
- Provide non-marketing communications for Oculus Products and Services or customer service-related issues.
- The legitimate interests we rely on for this processing are:
- To create, provide, support and maintain innovative products and features that enable people under the age of the majority to express themselves, communicate, discover and engage with information and communities relevant to their interests, build community, and utilize tools and features that promote their well-being.
- To secure our platform and network, maintain information security, and keep the Oculus Products and Services free of harmful or inappropriate content; and to protect the safety of people under the age of majority, including to prevent exploitation or other harms to which such individuals may be particularly vulnerable.
When we process your data as necessary for a task carried out in our legitimate interest, you have the right to object to, and seek restriction of, such processing. To exercise your rights, visit the Privacy Center.
We will consider several factors when assessing an objection including: our users’ reasonable expectations; the benefits and risks to you, us, other users, or third parties; and other available means to achieve the same purpose that may be less invasive and do not require disproportional effort. Your objection will be upheld. Your objection will be upheld and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons. If you are under the age of majority in your country and have a limited ability to enter an enforceable contract, we will take particular account of the fact that you are below the age of majority and adjust our assessment of our legitimate interests and the balancing of your interests and rights accordingly. We provide specific protections for people below the age of majority to ensure they are aware of the risks, consequences, safeguards, and rights associated with processing of their data.
- Compliance with a legal obligation:
- Protection of your vital interests or those of another person:
- For processing data to combat harmful conduct and promote safety and security, for example, when we are investigating reports of harmful conduct or when someone needs help.
- Tasks carried out in the public interest:
When we process your data as necessary for a task carried out in the public interest, you have the right to object to, and seek restriction of, our processing. To exercise your rights, visit the Privacy Center.
We will consider several factors when assessing an objection including: our users’s reasonable expectations; the benefits and risks to you and third parties; and other available means to achieve the same purpose that may be less invasive and do not require disproportional effort. Your objection will be upheld if your interests or fundamental rights override our legitimate grounds for the processing, unless the processing remains necessary for to establish, exercise or defend of a legal claim.