Revision date : 25th of May, 2018
1 - Introduction
EMOLYTICS, an entity from PROFACTS BVBA, is specialized in automated market studies, based on emotions.
In that context, EMOLYTICS conducts short and visual surveys on websites, by email or in points of sale.
The surveys of EMOLYTICS are mainly aimed at valuing the survey respondent’s degree of satisfaction towards a specific content.
In the course of its surveys, EMOLYTICS collects data series concerning impressions, reactions, or the behavior of persons who are active on the audited websites during the surveys.
The data collected are used by EMOLYTICS in order to achieve anonymous statistical studies, that do not allow the identification of the survey respondents, although in some cases, the data transfer to the survey sponsor can include personal data, provided that the data subject has given his consent.
EMOLYTICS takes the protection of its users’ privacy very seriously, and processes the data collected in accordance with applicable data protection legislation, which include the General Data Protection Regulation (Regulation 2016/679) (“as known as GDPR”) and the national data protection laws.
2 - Contact details of the Controller
EMOLYTICS is generally the controller within the meaning of the GDPR, which means that its processes your data on its own behalf. Some processings, which are aimed at specific applications of our surveys, are however performed by EMOLYTICS on behalf of clients for whom surveys organized by EMOLYTICS are intended.
In that case, EMOLYTICS is processor and the survey sponsor is the controller.
2.2. For any questions concerning the processing of your personal data or to exercise your rights granted by the GDPR, please contact EMOLYTICS, either by mail to the address of the registered office or by email to the following address: firstname.lastname@example.org.
You can also contact EMOLYTICS’ Data Protection Officer (DPO) by email to the following address: email@example.com.
This policy is addressed to the following categories of persons:
- the visitors of our website www.emolytics.com (regardless whether or not they are registered on our website);
- the individuals who voluntarily participate in the surveys organized by EMOLYTICS, using the relevant form accessible either through a web banner, or by email, or through a specific link which is made available to the clients and visitors of a restaurant, a shop or any other point of sale, or by any other means of communication depending on the type of survey organized.
4 - Which are the personal data collected and processed by EMOLYTICS?
‘Personal data’ means any information relating to an identified or identifiable natural person, whether directly or indirectly, (i) provided by you, or (ii) attributed to you by us, in order to allow you to use our services and participate in our surveys or (iii) that are generated by your use of our services or by your activity on the website that is subject to the survey.
4.1. Data provided during a visit on our website or by contacting us
This primarily concerns your family name, first name, email address, and other contact details (postal address, telephone number) provided by you in order to be reached by our services or to be kept informed of our activities.
4.2. Data submitted to us within the framework of a survey
Within the framework of a survey organized by EMOLYTICS, of which you agree to participate in, you are invited to submit personal information depending on the type of survey that is organized, such as:
- information concerning personal characteristics, such as your age, sex, place of residence, etc.;
- information concerning your feeling and impression about the audited website;
- answers to the different questions of the survey, which include questions of scales, multiple choice questions, questions with empty fields, or answers in the form YES/NO/MAYBE.
Although in the majority of cases, the survey participant is not invited to register, some surveys provide the participant with the possibility to communicate its email address, so that the survey sponsor can reach him and/or the participant can seek clarification about the conduct of the survey, the follow-up, or the results.
4.3. Personal data collected automatically
In the course of the surveys organized by EMOLYTICS, your browsing history or your activity on the website that is subject to the survey allow us to collect the following data:
- URLs of pages that you have browsed during your visit on the audited website and the page preceding the visit;
- Information about the material used (smartphone, tablet computer, computer);
- Other technical information concerning, for example, the type of navigator used, the screen resolution, the consulted pages, the movement of the mouse during visiting the website, your other actions on the website (click, scroll-down, etc.), without accessing the explicit content that you consult on your pages;
- The participant’s internet connection IP address, so that EMOLYTICS can identify spammers or malicious intrusions, and determine the user’s country/region of origin.
These data, which do not allow the direct identification of a participant in and of itself, are coupled to a unique identifier, which allows to follow a user anonymously during his visits, in order, amongst others, to avoid overlapping and to ensure that the person concerned has not already answered the application form.
This unique identifier is intended for the sole use of EMOLYTICS. It can however be coupled to a distinct identifier assigned by the survey sponsor, so that the latter can identify the participant’s answers and can export them, provided that the participant concerned expressly agreed on sharing his answers and other personal information with EMOLYTICS’ client. This could be the case when the participant has completed the survey’s application form during a registration or an authentication with the survey sponsor, in his capacity of that sponsor’s client.
Within the framework of a survey organized in a point of sale, the Internet IP address used to access the application form of the survey is most of the time the IP address of the point of sale itself, so that EMOLYTICS cannot identify the participant on the sole basis of the IP address. The unique identifier which is specific to the user’s device, namely its MAC address, is, in this case, used and registered by EMOLYTICS.
5 - Purposes of the collecting and processing of personal data
The data provided to, or collected by EMOLYTICS during a survey will only be processed for the following purposes:
- To achieve studies or anonymous statistical analyses in response to the clients’ request.
- To follow-up to the persons who have accepted or asked to be contacted during the survey, whether by EMOLYTICS or by the survey sponsor directly.
- To ensure the reliability of the studies organized by EMOLYTICS by preventing fraud, malicious intrusions or other actions that could affect results.
Regarding the data collected during a visit on the website, EMOLYTICS processes them for the following purposes:
- carry out the execution of a contract or the follow-up of an order placed by the user during his registration on the website;
- contact the user who has given his contact details in order to receive an estimate or additional information about EMOLYTICS’s services;
- deliver targeted advertising or information about the activities and/or the products (newsletters) of EMOLYTICS. Since EMOLYTICS has a legitimate interest in promoting its services to those who have contacted it or demonstrated an interest for its activities, EMOLYTICS sends targeted advertising with the prior consent of the person concerned, except when that person is already a client of EMOLYTICS, namely that the person concerned has already taken out a subscription or ordered a survey to EMOLYTICS in the past.
6 - Minors
EMOLYTICS ensures the respect of privacy of minors and encourages the parents to be actively involved in the online activities of their children.
The participation to the surveys organized by EMOLYTICS is restricted to the persons aged 16 and over.
If you are minor and you are invited via the application form to give an email address or other contact details in order to be contacted by EMOLYTICS or its client, you undertake to contact your parents or the persons exercising parental authority over you before giving your consent to the registration of your data.
EMOLYTICS also advises the parents to consult with their children about the use of the Internet and information they share on websites.
EMOLYTICS does not process personal data of visitors where it can be reasonably assumed that they are less than 16 years old.
7 - Security of personal data
EMOLYTICS implements the appropriate technical and organizational measures to ensure a level of security appropriate to personal data collected during its surveys, amongst others, by pseudonymizing the participants identification data and by restricting the access of personal data to the sole persons who conduct or monitor the analyses, the surveys, or studies of that nature, insofar as necessary to carry out their task.
Where technically possible and reasonable, EMOLYTICS uses a secure transmission for the transfer of your personal data.
8 - To whom can your personal data be transferred?
The personal data that we collect though our website or during our surveys are generally intended for our sole use. However, EMOLYTICS reserves the right to delegate the hosting or processing of your personal data to subcontractors offering guarantees of reliability with whom EMOLYTICS entered into a confidentiality agreement.
The data, which may lead to a direct or indirect identification of the participant, whether via an IP address or via a unique identifier given by EMOLYTICS or by the survey sponsor, are solely communicated to the latter at your request or with your consent, it being noted that where EMOLYTICS does so, it shall act as subcontractor, since the processor will be the survey sponsor.
EMOLYTICS reserves the right to communicate the raw data of the survey to its clients, upon their request, after having anonymized the data by removing the elements that could lead to a direct or indirect identification of the participants: email address, IP address, etc.
Outside of these cases, EMOLYTICS does not transfer personal data, whether anonymized or not, to third parties.
9 - How long do we keep your data?
The data provided or collected during a survey organized by EMOLYTICS are kept for the period necessary to carry out the survey and for an additional minimum period of 5 years, in order to verify the results of the survey, to compare them when needed with the results of a prior survey, to test the answers and to avoid the frauds or possible redundancies.
The data collected by EMOLYTICS from its clients or prospects via its website are processed by EMOLYTICS for the period necessary to carry out the contract or the follow up of the commercial relationship with the person concerned, which includes sending out newsletters to which that person has subscribed.
10 - What are your rights concerning your personal data?
As a data subject, you have the following rights:
Right to access:
Where permitted by law, you have the right to ask EMOLYTICS if it processes your personal data, and if so, to access them.
EMOLYTICS shall accede your access request if it can identify you with certainty on the basis of the information in its possession.
Nevertheless, all access request to your data must be accompanied of a copy of your identity card.
EMOLYTICS has 45 calendar days to respond to your request; that period starts to run from the date EMOLYTICS has all the required information to meet your request.
Right to rectification:
You may ask EMOLYTICS to rectify and/or complete any inaccurate or incomplete personal data, without charge.
Right to withdraw your consent:
Where permitted by law, you may notify EMOLYTICS of your decision to withdraw your consent to its use of data that you have spontaneously provided during a survey or during a visit on its website, it being specified that withdrawing your consent does not affect the regularity of the processing performed beforehand.
Right to erasure:
You may request EMOLYTICS to erase your personal data, amongst others if they are not or no longer necessary for the purposes for which they were collected or processed or for the performance of the contract, when there is no other legal ground for the processing.
Right to restriction of processing:
You may oppose the use of your personal data for direct marketing purposes, without charge nor justification.
You may unsubscribe from the newsletters at any time by clicking on the link provided for this purpose in all emails or advertisements or by sending an email in this respect to the following email addresses: firstname.lastname@example.org or email@example.com.
Right to lodge a complaint:
If you believe the processing of your personal data does not respect your rights, you may lodge a complaint to the Data Protection Officer to the following address: firstname.lastname@example.org or, if this has not been addressed adequately, to the Data Protection Authority (Belgian Commission for the Protection of Privacy).