PRIVACY POLICY

General information

The protection of your privacy is of utmost importance to us. We wish to inform you as much as possible, respect your rights and allow you to control what happens to your Personal data, in accordance with European Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of Personal data and on the free movement of such data and the law of 30 July 2018 on the protection of individuals regarding the processing of Personal data.

This Privacy Policy (hereinafter, the “Privacy Policy”, or the “Policy”) is therefore intended to inform all concerned natural persons, hereinafter referred to as “You” or “Your/Yours”, about how we collect and use such Personal data and how the concerned natural person can control such use.

This Policy applies to data collected and processed through the use of the application [FEELIN].

You will find information about the data we collect, why we collect them, how long we keep them, your privacy rights and how you can exercise them.

Please keep in mind that the use of certain features offered may also be subject to additional terms and conditions for related services. Please consult these terms and conditions for any questions about these services.

By using our App, you expressly agree with the way we collect and process Personal data.

1.    Definitions of the terms

For the purposes of this Privacy Policy, the following words or groups of words have the meanings defined in this section. The definition of a word in the singular is valid when the word is used in the plural in this Privacy Policy and vice versa. When the defined words or groups of words are used in this Cookie Usage Policy, the first letter of the word (or each word) is capitalized. When the same word is used in the Cookie Usage Policy without capitalization, it does not have the meaning given in this article, but that of the common language.

Personal data:                                   means any information relating to an “identified” or “identifiable” natural person; an “identifiable” natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, age, sex, identification number, location data, an online login, or to one or more elements specific to his physical, physiological, genetic, psychological, economic, cultural or social identity;

 

App :                                                 refers to the mobile application [FEELIN];

FEELIN’s System :                            jointly refers to the solutions, services and products offered to the User via the App;

User :                                                refers to any individual using the FEELIN’s System for any purpose whatsoever;

Form :                                               the term “Form” refers to the contact form to be completed online by the User if he/she wishes to contact FEELIN directly via the pp, the contact form to be completed online by the User if he/she wishes to obtain a quote for products and be contacted again, as well as the registration form to be completed when creating a User Account on the or App;

2.    Scope of this Privacy Policy

This Privacy Policy sets out the principles and guidelines for the protection of your Personal data collected as a result of the use of the FEELIN’s System.

“Non-Personal data” refers to information that does not allow a natural person to be identified.

The use of the FEELIN’s System and of the Personal data that You agree to provide on this FEELIN’s System are subject to the provisions of this Policy.

3.    Who is responsible for your data?

The controller of your data is FEELIN SA, whose registered office is located at [197 avenue de Tervueren], [1150 Brussels], registered with the Crossroads Bank for Enterprises under number [0741.810.963] (hereinafter “FEELIN”, “we” or “our”).

4.    Who is protected by this privacy policy?

This Privacy Policy applies only to Personal data that we process as controller, i.e. when we determine the means and purposes of processing Personal data.

5.    What does “processing of Personal data” mean?

By “processing of Personal data” we mean any processing of data that can identify you as a natural person.

The notion of “processing” is broad and covers, inter alia, the collection, recording, organization, storage, updating, modification, request, consultation, use, dissemination or any other form of making available, matching, combining, archiving, erasure or permanent destruction of such data.

6.    What Personal data can we process?

We process Personal data that you voluntarily and involuntarily transmit to us.

FEELIN carries out research and development work on a technology whose main purpose is to record and analyze the user’s behavioral reactions (gaze position, smile, etc.) when viewing predefined video content, using the telephone’s front camera.

This can be done by various means, including when:

  • you are using and downloading the App;
  • you are using the FEELIN’s System, including the scanning, analyze, recording and storing of the image and sound recorded by using the App ;
  • you fill out a Form ;
  • you subscribe to our newsletter;
  • you participate in a contest or action organized by FEELIN, whether online or offline,
  • you participate in surveys and polls,
  • you contact a FEELIN representative or agent (phone, email, etc.),
  • Facial analysis

 

As dully described in our general terms and conditions, when you use the App and watching videos, FEELIN’s System ask for the access to the camera and microphone of your device in order to record and analyze your facial behavior and pupillary reactions.

The image and sound are recorded, only during the timing of the videos and calibration phase, in order to be analyzed and reported to our client, i.e. the company owning the right of the video content.

  • Demographics data

Our analysis of your reaction and behavior when you’re watching a video content are anonymously reported to our client.

In order to provide the most accurate reporting and analysis possible, we may process the followings information and data :

  • education
  • employment
  • marital status
  • postal code
  • income
  • number of children + age
  • area of interest

These information and data are only collected if you provide them.

  • Navigation and technical data.

When you use the App, we process the relevant data from your mobile device (mobile phone, tablet, etc.): the name, model and model number, operating system (OS) and kernel version, UDID (only applicable for iOS devices), the telecommunications network to which your device is connected, the time zone; the language registered in the OS: NL/FR/EN, the IP address, the IMEI code (International Mobile Station Equipment Identity), the telephone number, the serial number of your card, the ID or the token (i.e. the unique identifier of the App installed) the time and date the App was installed on your mobile device, the status of the App (active or not), the time of the last contact between the App and our related systems.

 

  • Administrative data :

 

This includes data that identifies you as a User (for example, your identity, gender, age, user name), are needed in order to contact you (for example, your address, location, e-mail address and telephone number), and process any other preferences you provide to us via the App or directly to our customer service department (for example, your language preference).

 

  • Data communicated by means of Form

We process the Personal data you provide to us by means of Forms made available to all Users on the App or via email in order to contact our teams (identity, telephone number, username, email, etc.).

When you contact us, we may request additional information to confirm your identity.

The information you give us through this channel is communicated to our staff members according to the purpose of your request. The information is then stored and processed if and to the extent necessary to respond to your request.

  • Sensitive data

 

Due to the purpose of our products and services, we process Personal Data that are qualified as sensitive by the European Regulation. In this case, through profiling and scanning your face, we can process biometric data as well as data relating to your racial and/or ethnic origin.

This data is of course processed with your consent, which you give us when you make a use of the FEELIN’s Services.

7.    For what purpose do we use this Personal data?

7.1. Proportional processing

We process Personal data for various purposes. In this context, we process only those data that are essential to achieve the desired objective.

Thus, we use Personal data when necessary:

  • to execute our services;
  • to examine the User’s reaction and perception of the contend observed;
  • to provide our client reports regarding the perception of the content of their videos;
  • to allow you to download, install and use the App on all your devices;
  • in order to apply the necessary and available updates;
  • with a view to making contact directly requested by the User;
  • to satisfy a request directly requested by the User for a quote for our products and services;
  • to compile statistics and carry out analyses, in order to improve the quality of our App and of our services;
  • to provide you with offers and information on other FEELIN products and services;
  • to be able to provide you with our services and to communicate with you (for example to notify you that phishing emails are circulating);
  • to comply with the legal or regulatory provisions to which we are subject;
  • to defend our legitimate interests, in which case we always ensure that a balance is maintained between these interests and respect for your privacy.

If the processing of your Personal data is not necessary for one of these purposes, we always ask for your permission to process such Data.

7.2. Our processing activities

We collect Personal data for the following specific purposes:

  • In order to analyze your reaction and perception of video content

 

We analyze the image and sound recorded by your device.

The access to your device system is only granted during the watching of the video. The connection to your device’s system automatically stopped at the end of the watching of the video content.

WE DO NOT RECORD ANY IMAGE NOR ANY SOUND WHEN YOU’RE NOT WHATCHING A VIDEO CONTENT.

Purpose of the processing operation: Our legitimate and proportionate interest
  • In order to provide reports to our clients

 

We analyzed your reaction and make a report to our client. Our clients are only provided statistics data. YOUR PERSONAL DATA ARE NOT FORWARDED TO OUR CLIENT.

Purpose of the processing operation: Our legitimate and proportionate interest
  • In order to process your request for information regarding the FEELIN’s System

The information we receive about you is only used to provide you with the requested information in the way you wish. Even when you decide to become a User.

Purpose of the processing: Execution of the contract signed by the parties.
  • The information you provide when you subscribe to our services allows us to record your license and help you when you call customer service.

 

We will use it to inform you of updates, new products or services or to provide you with other information that may be of interest to you.

Purpose of the processing: Execution of the contract signed by the parties
  • Update information

We may contact you to verify that your information is still correct and, if necessary, update your products and profiles.

Purpose of the processing: Execution of the contract signed by the parties
  • Information collected during the download and use of the FEELIN’s System

We may use Personal data to (i) authenticate and periodically verify your license rights in the product for anti-piracy purposes, (ii) determine if updates are available for your devices before sending you an update notice, and (iii) receive messages that you have requested to receive.

 

Purpose of the processing: Execution of the Contract signed by the parties

 

  • In order to offer you the best service and to inform you of your possibilities of use

We use your data to establish, maintain and support our products and services as well as for our administration and litigation management.

Purpose of the processing: Execution of the Contract signed by the parties
  • In order to optimize our products and services

 

We ensure the maintenance and improvement of our products and services. The analysis of their use provides us with essential information. We process your Personal data for technical and statistical analyses and prepare anonymous reports about the results of these analyses. We may also process your Personal data to evaluate and improve our offer. For example, we examine your equipment to optimize the use of our products. This allows us to better tailor our products and services to your needs.

Purpose of the processing operation: Our legitimate and proportionate interest
  • In order to inform you about our (new) products and services.

 

We may use your Personal data to propose to you (in writing, by telephone or electronically) new products, services or special offers that may be of interest to you. For example, you can receive an email at a particular event or when your contract expires. We can also approach you if you are no longer a customer with us, up to a maximum of 2 years from the end of our relationship. Your privacy settings determine the extent to which you receive this type of message and how you can subscribe or unsubscribe.

Purpose of the processing operation: Your consent
  • In order to fight against fraud and offences

When you become a user, we ask you for a series of identification data so that we can determine your identity and prevent identity theft. We carry out this control in order to avoid you contracting with us obligations that you cannot financially assume. We also want to avoid our invoices remaining unpaid. This is why we can search for information in internal and external databases.

 

Purpose of the processing operation: Our legitimate and proportionate interest

 

  • In order to monitor our performance

We may use your data and profile to evaluate our products and services. To this end, we use, among other things, customer feedback on our services (e. g. via market research), data we obtain during our interviews with or interventions at customers’ premises, customer questions, recording of calls from our customer service department (this is reported at the beginning of the call).

Purpose of the processing operation: Our legitimate and proportionate interest
  • In order to meet our legal obligations.

In many cases, we are legally required to retain certain Personal data about you and/or to share it with public authorities. In the context of a police or judicial investigation, we may be required to disclose certain data in confidence to the relevant authorities.

Purpose of the processing: Legal obligation.
  • In order to keep studies, tests and statistics, in particular for trend analysis.

 

We may use your anonymous aggregate data for, for example, internal and external reporting on the use of our services. The data that is then used cannot be linked to a specific person. The information we obtain from these analyses is used to evaluate our current product and service portfolio and processes and modify them based on new developments.

Purpose of the processing operation: Our legitimate and proportionate interest

7.3. Automated decision-making process

FEELIN does not make automated decisions – whether or not based on profiling – that may have legal consequences for you or that affect you significantly, except:

  • if it is essential for the conclusion or performance of your contract (for example, failure to comply with the general conditions of use);
  • if we have obtained your express permission to do so.

In these situations, you will be informed in advance of the implementation of the automated decision, your right to request human intervention and how you can challenge the decision.

8.    How do we protect your Personal data?

8.1. Our technical and organizational measures

We do our utmost to protect your Personal data and privacy.

For the protection of your Personal data, we apply various technical measures to protect them against unauthorized access and use, loss or theft, including password protection, hard disk encryption software, firewall, antivirus, intrusion detection and anomaly detection and access controls for our employees. In the event of a data leak with harmful consequences for your Personal data, you are personally notified as a User in the circumstances provided for by law.

The number of employees in our company who have access to your personal information is limited and our employees are carefully selected. They only have access to your Personal data to the extent that they need this information to perform their tasks correctly.

8.2.  Where are your data stored?

Your personal data is stored on computer servers administered by our subcontractor Firebase. Specific information on storage data’s privacy policy can be found here :

https://firebase.google.com/support/privacy

9.    On what legal basis do we collect and process your Personal data?

Personal data is collected with your consent with respect to the data you voluntarily provide by downloading the App, using FEELIN’s Services completing registration and contact forms as well as by performing the recording process which can only be performed if you grant access to the camera and microphone of your device.

Where such processing is not based on consent, it is then based on FEELIN legitimate interests as a professional, including the information and monitoring of your files, management and fraud prevention, ensuring efficiency in performing our contracts, providing our services and complying with our legal obligations, identifying ways in which we can improve services to our customers, protecting FEELIN commercial, financial and economic interests.

10. For how long will your Personal Data be stored?

 

Unless otherwise provided, your Personal data will only be retained for as long as necessary to fulfill our contractual or legal obligations or for the purposes for which it was originally collected or as long as we have a legitimate interest in retaining such data.

  • Image and sound recorded

 

The data collected are stored for a period of [6 months]

 

  • Demographics data

The data collected are stored for a period of [6 months]

In all other cases, your personal data will be deleted, with the exception of those that we must keep in order to comply with the legal retention periods. However, in this case, we will limit the processing of the data, i.e. your data will only be used to comply with legal obligations.

Your exchanges with customer service are kept for up to 30 days; sometimes the period may be longer, in particular to comply with our legal obligations (for example, to comply with our accounting and tax obligations, we are required to keep your billing data for up to 7 years) or by legal necessity to keep certain data (in particular your contract, your invoices and your correspondence concerning claims to this data).

After the applicable retention periods, personal data will be deleted or made anonymous.

11. Do we sell your data to third parties or do we pass on your data?

11.1.            Data transfers

In general, we do not sell or transfer Personal data to third parties except if there is a legitimate interest for FEELIN or the third party concerned.

We will only disclose your Personal data if your interest or fundamental rights and freedoms do not prevail and you will always be informed in a transparent manner (except in the case of legal exceptions). For example, your Personal data may be transmitted to our technical and IT partners and subcontractors, credit controllers, collection agencies and legal service providers, as well as to partners with whom we collaborate in a specific action.

As already stated, the Personal data collected and processed are not transferred to any clients. Those are only provided by statistics and analytics reports.

11.2.            International processing of your Personal data

To the extent that Personal data is processed outside the European Union, we ensure by contractual or other measures that such Data is afforded an appropriate level of protection comparable to the protection it would enjoy in the European Union in accordance with European regulations.

12. How do you determine which Personal data we may use for commercial purposes and how?

12.1.            Privacy settings

Each User may determine how we may use their Personal data for commercial purposes by sending an e-mail to [info@feel-in.eu]

12.2.            Opt-out for the newsletter

You do not want to receive any form of commercial communication. You always have the right to object, without having to justify yourself, to the use of your Personal data for direct marketing purposes. For this purpose, you can always contact our services.

You can also:

  • if you no longer wish to receive our newsletter, you can inform us by sending an email to [info@feel-in.eu]
  • if you no longer wish to receive our newsletter: use the unsubscribe option in the email in question. In order to increase the effectiveness of e-mail campaigns, we use software to measure whether our e-mails have been opened and which links have been clicked.

13. Security measures in the event of subcontracting

When a processing operation is to be carried out on behalf of a controller, FEELIN only uses processors who provide sufficient guarantees that appropriate technical and organizational measures will be implemented to ensure that the processing operation meets the requirements of this Policy and guarantees the protection of your rights.

The subcontractor does not recruit another subcontractor without the prior, written, specific or general, from FEELIN. In the case of a general written authorization, the subcontractor shall inform FEELIN of any planned changes regarding the addition or replacement of other subcontractors, thereby giving FEELIN the opportunity to object to such changes.

Processing by a processor is governed by a contract or other ad hoc legal act, which binds the processor to FEELIN, defines the purpose and duration of the processing, the nature and purpose of the processing, the type of Personal data and the categories of persons concerned, and FEELIN obligations and rights.

This contract or other legal act provides, in particular, that the subcontractor:

(a) processes Personal data only on FEELIN documented instructions, including transfers of Personal data to a third country or international organization, unless it is required to do so under Union law or the law of the Member State to which the processor is subject; in this case, the processor shall inform FEELIN of this legal obligation before processing, unless the law concerned prohibits such information on important grounds of public interest;

(b) ensure that persons authorized to process Personal data undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality;

(c) take all necessary measures with regard to the security of the processing;

(d) complies with the conditions referred to in the preceding paragraphs for recruiting another subcontractor;

(e) take into account the nature of the processing operation, and shall assist FEELIN, through appropriate technical and organizational measures, to the greatest extent possible, in fulfilling its obligation to comply with requests submitted by the data subjects in order to exercise their rights;

(f) assist FEELIN in ensuring compliance with the obligations laid down, considering the nature of the processing and the information available to the data processor;

  1. g) at FEELIN’ option, deletes all Personal data or returns them to the controller at the end of the processing service and destroys existing copies, unless Union law or the law of the Member State requires the retention of the Personal data; and,

(h) make available to FEELIN all information necessary to demonstrate compliance with the obligations under this Article and to enable audits, including inspections, to be carried out by FEELIN or another auditor it has appointed, and to contribute to such audits.

To this end, the subcontractor shall immediately inform FEELIN in writing if, in its opinion, an instruction constitutes a breach of this Policy or other provisions of Union law or of the law of the Member States relating to data protection.

When a FEELIN processor recruits another processor to carry out specific processing activities on behalf of FEELIN, the same data protection obligations as those attached to the contract or other legal act between the controller and the processor, are imposed on such other processor by contract or by another legal act under Union law or the law of a Member State, in particular as regards providing sufficient guarantees as to the implementation of appropriate technical and organizational measures to ensure that the processing operation complies with the requirements of this policy.

When this other subcontractor does not fulfil its data protection obligations, the original subcontractor remains fully liable.

14. What are your privacy rights and how can you exercise them?

14.1.            Overview of your privacy rights

The following section explains your rights. The various rights are not absolute and each is subject to certain exceptions or qualifications. We will grant your request only to the extent that it follows from our assessment of your request that we are allowed and required to do so under data protection laws. Nothing in this Privacy Policy is intended to provide you with rights beyond or in addition to your rights as a data subject under data protection laws.

Rights What does it mean?
1.The right to be informed

 

You have the right to be provided with clear, transparent and easily understandable information about how we use your data and your rights.
2. The right of access You have the right to obtain a copy of your data (if we are processing it), and other certain other information (similar to that provided in this Privacy Policy) about how it is used.

This is so you are aware and can check that we are using your information in accordance with data protection law.

We can refuse to provide information where to do so may reveal Personal Data about another person or would otherwise negatively impact another person’s rights.

3. The right to rectification You can ask us to take reasonable measures to correct your Personal Data if it is inaccurate or incomplete.
4. The right to erasure This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your data where there’s no compelling reason for us to keep using it or its use is unlawful. This is not a general right to erasure; there are exceptions, e.g. where we need to use your Personal Data in defense of a legal claim.
5. The right to restrict processing You have rights to ‘block’ or suppress further use of your Personal Data when we are assessing a request for rectification or as an alternative to erasure. When processing is restricted, we can still store your Personal Data, but may not use it further. We keep lists of people who have asked for further use of their Personal Data to be ‘blocked’ to make sure the restriction is respected in future.
6. The right to data portability You have rights to obtain and reuse certain Personal Data for your own purposes.
7. The right to object You have the right to object to certain types of processing, on grounds relating to your particular situation, at any time insofar as that processing takes place for the purposes of legitimate interests pursued by us or by a third party. We will be allowed to continue to process your Personal Data if we can demonstrate “compelling legitimate grounds for the processing which override your interests, rights and freedoms” or we need this for the establishment, exercise or defense of legal claims.

14.2.            Exercise of your rights

  • How can I exercise my privacy rights?

You can send us an email to the following address [info@feel-in.eu].

In order to exercise your right of access and to prevent any unlawful publication of your Personal data, we must verify your identity. In case of doubt or inaccuracy, we will first ask you for additional information (preferably a copy of the front of your identity card).

  • Are there any fees?

You may exercise your rights of confidentiality free of charge, unless your request is manifestly unfounded or exaggerated, in particular because of its repetitive nature. In this case, we have the right and choice – in accordance with privacy legislation – (i) to charge you reasonable compensation (taking into account the administrative costs of providing the requested information or communication and the costs of taking the requested action), or (ii) to refuse to comply with your request.

  • In what format will I receive a response?

If you submit your request electronically, the information is transmitted electronically if possible, unless your request specifies otherwise. In any case, we will provide you with a concise, transparent, understandable and easily accessible answer.

  • When will I receive a reply?

We will respond to your request as soon as possible, and in any case within one month of receiving your request. Depending on the complexity and number of requests, this period may be extended by two months if necessary. In the event of an extension of the deadline, we will inform you within one month of receipt of the request.

  • What can I do if FEELIN does not respond to my request?

 

We will always inform you, in our reply, about the possibility of lodging a complaint with the supervisory authority and appealing to the judge.

15. Ask FEELIN questions

For more information about this Privacy Policy or for any complaint regarding the processing of your Personal data, you may contact FEELIN via [info@feel-in.eu]

16. Stay informed of adaptations

FEELIN may amend this Privacy Policy from time to time, for example in response to market developments and new processing activities of FEELIN. We therefore invite you to always consult the latest version of this Policy. It goes without saying that we will inform you in advance via our website www.feelin.be or other current communication channels of any changes in content and, where required by law, we will seek your prior consent for our (new) processing activities.

17. Supervisory authority

For complaints about the processing of your Personal data by FEELIN, you may contact the Data Protection Authority, rue de la Presse 35, 1000 Brussels / +32 (0)2 274 48 00 / contact@apd-gba.be  / www.autoriteprotectiondonnees.be.