Introduction
This privacy policy (“Policy”) applies to the EMOTIV website and the online and offline services associated with it. In this policy, “we”, “us” and “our” refer to EMOTIV.
This statement is used to inform the website visitors (“You”, “Customer”) how personal data is collected, disclosed, used, and protected.
If you choose to use EMOTIV’s Services, then you agree to the collection and use of information in relation with this policy. We will not use or share your information with anyone except as described in this Privacy Policy.
We are committed to safeguarding the privacy of our website visitors and services users.
This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and services users; in other words, where we determine the purposes and means of the processing of that personal data.
Changes to the Privacy Policy
EMOTIV reserves the right to update this policy from time to time by publishing a new version on our website.
You should check this page occasionally to ensure you are happy with any changes to this policy.
We may notify you of changes to this policy by email or through the private messaging system.
Information Collection
EMOTIV may collect and process information from you in different ways, when you use our website and our services. In general, we collect the following types of information:
In this Section we have set out:
the general categories of personal data that we may process;
in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
the purposes for which we may process personal data;
and the legal bases of the processing.
We may process data about your use of our website and services (“usage data”). The usage data may include Personal information, such as your name, title, company name, email address, job function or position, social media details, postal address and telephone number, your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. This data may be processed for the purposes of the use of our services.
We may process your accounts data (“account data“). The accounts data may include your name, user name, password and email address and any information as stated within the usage data. The source of the account data is you, your employer or your employee. It may also result from any enquiries made to any referring 3rd parties. The account data may be processed for the purposes of providing our services, ensuring the security of our services, maintaining back-ups of your databases and communicating with you.
We may process your personal data that are provided in the course of the use of our services (“service data“). The service data may include which or our services you use, the level or amount of usage and for the purpose of use. The source of the service data is you, your employer or your employee. The service data may be processed for the purposes of operating your website, providing our services, ensuring the security of our services, maintaining back-ups of our databases and communicating with you.
We may process information that you post for publication on your website or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering your website and our services.
We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you.
We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through your website and our services (“transaction data“). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions.
We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters.
We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. The correspondence data may be processed for the purposes of communicating with you and record-keeping.
We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
Please do not supply or provide any information or data that you do not have permission to share with us.
Providing your personal data to others
We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
Financial transactions relating to our services are OR may be handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. We will not retain any of your financial payment details within our systems.
We may disclose your enquiry data to one or more of those selected third party suppliers of goods and services identified on our website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party’s use of your personal data.
In addition to the specific disclosures of personal data set out in this Section , we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
International transfers of your personal data
In this Section, we provide information about the circumstances in which your personal data may be transferred to countries outside your area of residence.
We use a number of compliant data storage providers who have their own compliant privacy policy. Our data which may include our clients information as specified within this privacy policy will be stored in locations within USA and Europe.
You acknowledge that personal data that you submit for publication through our services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others but use best endeavors to secure that data.
Retaining and deleting personal data
This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
We will retain your personal data as follows:
(a) Data as specified by this policy will be retained for a minimum period of 6 years following the termination of any relationship
In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained.
Notwithstanding the other provisions of this Section , we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Legal Basis
The law on data protection sets out a number of different reasons for which a company may collect and process your personal data, including:
Consent
In specific situations, we can collect and process your data with your consent. For example, when you tick a box to receive promotional emails.
Contractual obligations
In certain circumstances, we need your personal data to comply with our contractual obligations. For example, if you ask us to scope out working with us or use one of our services, we will collect your email address / phone number to send confirmation to you.
Legal compliance
If the law requires us to, we may need to collect and process your data. For example, we can pass on details of people involved in fraud or other criminal activity.
Legitimate interest
In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests. For example, we will use your service history to send you appropriate offers.
Your rights
In this Section, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
Your principal rights under data protection law are:
(a) the right to access;
(d) the right to restrict processing;
(c) the right to erasure;
(b) the right to rectification;
(e) the right to object to processing;
(f) the right to data portability;
(h) the right to withdraw consent.
You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data.
You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed]. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To the extent that the legal basis for our processing of your personal data is:
(a) consent;
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the location of your habitual residence, your place of work or the place of the alleged infringement.
To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
You may exercise any of your rights in relation to your personal data by written notice to us OR by methods, in addition to the other methods specified in this Section.
To request the details of any personal data we hold in relation to you or your organization, this must be put in writing to the following.
Data Manager, EMOTIV, 6th Floor, Eagle Tower, Montpellier Drive, Cheltenham, GL50 1TA, United Kingdom
Once the request is received a response will be made within 28 working days.