Magic Leap 2 Eye Tracking Data Transparency Policy

Last Revised: April 17, 2023

This Magic Leap 2 Eye Tracking Data Transparency Policy ("Transparency Policy") applies to Applications that collect, store, transfer or otherwise use eye tracking data, whether in raw or processed form, in any manner off the Magic Leap 2 device. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Magic Leap 2 Software License Agreement ("Software License").

Why does Magic Leap have this Transparency Policy?

Magic Leap recognizes the importance of open and transparent privacy-related practices and this Transparency Policy is intended to inform developers and end users of certain requirements that apply to Applications that collect, store, transfer or otherwise use eye tracking data off the Magic Leap 2 device.

When does this Transparency Policy apply?

This Transparency Policy applies when Applications collect, store, transfer or otherwise use eye tracking data, whether in raw or processed form, in any manner off the Magic Leap 2 device. Examples include streaming eye images to an external display, sending pupil sizes to a server or other external storage, or sharing gaze data with a third party, whether in real-time or at a later date.

When does this Transparency Policy not apply?

This Transparency Policy does not apply when Applications collect, store, transfer or otherwise use eye tracking data locally, on-device.

What is eye tracking and eye tracking data?

Eye tracking is an emerging technology used on Magic Leap 2 devices as a type of user input to figure out where an end user is looking while wearing a Magic Leap 2 device, to accurately render augmented reality (AR) experiences and to make those AR experiences more comfortable.

Magic Leap 2 devices may collect eye tracking data including photos and videos of the eyes, pupil size and positions, gaze, vergence, center or rotation of eye, blink events, confidence of gaze and vergence, and other eye behaviors (e.g., fixation, smooth pursuit, saccades). Learn more about eye tracking data by visiting the "Magic Leap 2 Devices" Learn More.

Who has access to eye tracking data?

Magic Leap processes all eye tracking data locally, on-device and does not collect, store, transfer or otherwise use eye tracking data in any manner off the Magic Leap 2 device.

If you use a Magic Leap 2 device managed by an enterprise, such enterprise (or the app provider of an Application installed on your device) may have access to or may elect to collect and/or store your eye tracking data. In this case, the eye tracking data is transferred from the Magic Leap 2 device directly to the enterprise (or app provider) and is not collected, stored, transferred through or otherwise used by Magic Leap for any period of time.

For end users, Magic Leap recommends reviewing an Application's privacy policy prior to installing and/or using it on your Magic Leap 2 device to learn more about the eye tracking data that is collected and how it is used, and/or disclosed to third parties.

Application Requirements

All Applications that collect, store, transfer or otherwise use eye tracking data off the Magic Leap 2 device must comply with this Transparency Policy, the Software License and all applicable laws, including those pertaining to privacy and data security. If you are an Application developer, such compliance is your responsibility.

Prior to collecting, storing, transferring or otherwise using eye tracking data in any manner off the Magic Leap 2 device, the following requirements must be integrated into the Application:

• User Notice: The Application must clearly and concisely inform the end user:

• that eye tracking data is collected, stored, transferred or otherwise used by the Application;

• about the specific type of eye tracking data (e.g., eye images) that is collected, stored, transferred or otherwise used by the Application;

• about the specific purpose for collecting, storing, transferring or otherwise using eye tracking data by the Application; and

• about the specific time period for which the eye tracking data will be collected, stored, transferred or otherwise used by the Application.

• User Consent: The Application must obtain consent from the user through an affirmative action (e.g., no pre-ticked box) for such collection, storage, transfer or other use by the Application.

• Visual Indicator: Users must be able to visualize (e.g., a red dot recording logo) when eye tracking data is being collected, stored, transferred or otherwise used by the Application.