Privacy Policy
1. INTRODUCTION
Welcome to Emteq Ltd. (Emteq Labs), headquartered at Sussex Innovation Centre, Brighton BN1 9SB, United Kingdom. You can reach us at info@emteqlabs.com (or, privacy@ emteqlabs.com). In this privacy data policy, we will explain the procedures and principles governing the collection, utilization, disclosure, and other forms of processing of personal data through the OCOsense smart glasses (OCOsense) and the OCOsense application (App). These services are designed and provided by Emteq Ltd. It is important to note that this privacy policy pertains exclusively to the use of OCOsense products and services and does not extend to the Emteq Ltd. website located at www.emteqlabs.com.
2. WHO AND WHAT DO THIS PRIVACY POLICY COVERS?
Emteq Labs serves as the data controller for personal data collected from users of OCOsense and the App. Our services are accessible to both adults and children. In the case of minors using OCOsense, we insist that a parent or legal guardian registers on behalf of the minor. For users under 16 years of age, parental consent, which can be verified, is a prerequisite for the collection and use of their personal data by Emteq Labs. This policy outlines how we handle the data of both adult and minor users.
3. WHAT TYPES OF PERSONAL DATA IS COLLECTED?
Emteq Labs encompasses several categories of personal data.
Registration for the Application Service: Emteq Labs compiles the user's initial and last names, alongside their contact information, encompassing email, birthdate, and phone number. In instances where the user is below the age of 16, the contact details of their parent or guardian are likewise collected. By voluntarily supplying their personal information, the user acknowledges that they have received Emteq Labs' privacy information notice and have granted prior consent for Emteq Labs to process their personal data, a necessity for service provision.
Additional Data: Emteq Labs automatically obtains the following information via OCOsense and the application when the user's device is connected to the internet:
(a) Physiological Data: This covers information related to facial movements, facial expressiveness, bodily acceleration, and other physical details sourced from the OCOsense sensors (classified as "Special Categories of Personal Data"). This data is automatically transmitted from OCOsense to the App via Bluetooth®, and then from the Application to Emteq Labs Cloud Services through the user's mobile device's WiFi connection or other cellular networks.
(b) Technical Data: Emteq Labs also collects technical specifics such as access timestamps to the application, phone/device type, software version, and Bluetooth® and Wi-Fi settings (On/Off).
(c) Facial Landmarks and Optional Image Data and: Emteq Labs may offer the functionality to keep image data (recorded through the App by the users) or facial/ body landmarks data extracted from the image data. This data helps us to annotate the data and the context of the movements. Similar to the Physiological Data, this data is automatically transmitted from OCOsense to the App via Bluetooth®, and then from the Application to Emteq Labs Cloud Services through the user's mobile device's WiFi connection or other cellular networks. The image data is then processed to extract the facial/ head/ body landmarks. The retention of the video data is contingent upon the user's explicit consent. The client has the discretion to decide whether to retain the image data, and Emteq Labs will only proceed with such storage if the client provides clear and informed consent. Users can manage their data preferences within the app settings. The Facial or body Landmarks data will be treated at the same level as the other Physiological Data.
4. HOW IS THE PERSONAL USER DATA USED?
Emteq Labs uses the User’s Data for the Following Purposes:
(a) Service Provision: This includes delivering services accessible through OCOsense and the App, such as billing for fees and gathering activity information.
(b) Customer Support and Technical Assistance: This encompasses providing customer support, technical aid, and relevant communications concerning services through OCOsense.
(c) Quality Measurement: We collect data to measure service quality and relevant metrics offered through OCOsense and the App.
(d) Complaint and Dispute Management: Data is used to handle complaints and disputes effectively.
(e) Legal Compliance and Government Requests: Activities necessary for compliance with national/EU laws and responding to requests from public and government authorities. (These purposes from a) to e) are collectively referred to as "Contractual Purposes").
(f) Credit Recovery: Involves credit recovery procedures and credit assignment to authorized companies, sometimes with third-party involvement.
(g) Testing, Updates, and Development: We perform tests, updates, and development activities to optimize OCOsense, the App, and related services. This may include the use of machine learning systems and artificial intelligence, within necessary limits.
(h) Technical Assessment and Due Diligence: In cases of potential mergers, asset sales, or business transfers, we conduct technical assessments and due diligence activities, sharing user data with relevant third parties as part of the transaction. (Purposes from f to h) are collectively called "Legitimate Interest Purposes")
(i) Direct Marketing Communications: Delivery of marketing communications regarding Emteq Ltd.'s products and services, using both automated (e.g., SMS, MMS, email) and traditional (e.g., human operator calls) contact methods.
(j) Customized Marketing Communications: Providing personalized marketing communications tailored to the user's interests and needs, through the communication channels specified in i) above. (Purposes i) and j) are collectively referred to as "Marketing Purposes").
5. ON WHAT LEGAL BASIS IS THE USER PERSONAL DATA PROCESSED?
The processing of the User's personal data is rooted in the necessity of fulfilling contractual obligations and complying with relevant laws. This is crucial for the following reasons:
Contractual Purposes: To ensure the proper execution of the contract for delivering requested services (as outlined in Section 4, subsections a to d).
Legal Compliance: To adhere to provisions mandated by applicable laws (as detailed in Section 4, subsection e).
Should the User decline to provide their personal data for Contractual Purposes, Emteq Labs will be unable to provide the requested services. Additionally, for the collection of Special Categories of Data processed for Contractual Purposes, Emteq Labs will require the User's explicit consent. Failure to provide this consent will result in Emteq Labs being unable to provide the services.
Processing of the User's personal data for Legitimate Interest Purposes, as defined in Section 4, subsections f) and h), is conducted in accordance with Article 6, letter f of the EU General Data Protection Regulation No. 679/2016 (the "Privacy Regulation"). This processing is aimed at pursuing Emteq Labs's legitimate interests, with consideration for balancing these interests against those of the User. Data processing is performed within the strict limits necessary to fulfill these activities. Importantly, participation in data processing for Legitimate Interest Purposes is not obligatory, and Users can object to such processing at any time using the methods outlined in Section 10 of this privacy policy.
Lastly, data processing for Marketing Purposes relies on the prior consent of the User. While not mandatory, a User's refusal to provide consent will result in the User not receiving marketing communications, as detailed in Section 4, subsections i) and j). Users can withdraw their consent at any time through the procedures outlined in Section 10 of this privacy policy.
6. HOW IS THE USER’S PERSONAL DATA PROCESSED?
The User's personal data will be processed both electronically and/or manually, in any case in such a way as to guarantee the security, protection, and confidentiality of the data, thanks to appropriate administrative, technical, personnel, and physical measures against loss, theft, and unauthorized use, disclosure, or modification.
7. WHO CAN HAVE ACCESS TO THE USER'S PERSONAL DATA?
For Contractual Purposes, personal data may be shared with various recipient categories, both within the EU and, as defined in Section 8, occasionally beyond the EU borders. These recipients include:
(a) Caregivers within specified parameters, encompassing third-party service providers responsible for handling tasks such as services, advice, and support related to technology, accounting, administration, legal matters, insurance, and IT functions.
(b) Emteq Labs group companies.
(c) Individuals and authorities with a lawful right to access personal data as stipulated by regulations or provisions from legally authorized entities. These recipients will process personal data in their respective capacities as data controllers, data processors, or personnel responsible for processing, depending on the specific circumstances.
For Legitimate Interest Purposes, personal data may also be transmitted to different recipient categories, both within and within the framework delineated in Section 8, occasionally outside the EU. These categories consist of:
(a) Third-party service providers entrusted with processing activities associated with credit recovery procedures, credit assignments, as well as tests, updates, and development of Emteq Labs and its Application.
(b) Potential purchasers of Emteq Labs, as well as entities resulting from mergers or other transformations involving Emteq Labs.
(c) Competent authorities.
In the case of Marketing Purposes, personal data may be disclosed to recipient categories located both within and within the boundaries defined in Section 8, outside the EU. These include:
(a) Third-party service providers responsible for processing activities related to the distribution of marketing communications.
(b) Companies linked to Emteq Labs.
A comprehensive list of data processors can be obtained upon request, following the procedures outlined in Section 9 below.
8. IS THE USER'S PERSONAL DATA TRANSFERRED ABROAD?
The Client's personal data may be transferred to countries within and outside the European Economic Area, particular in the United Kingdom and the United States. For transfers from EU to countries not considered adequate by the European Commission, Emteq Labs has put in place appropriate and suitable safeguards to protect the User's personal data. Accordingly, the User's personal data are transferred in compliance with the requirements and the obligations provided by applicable data protection laws, such as standard contractual clauses adopted by the European Commission as per Articles 45 and 46 of the Privacy Regulation.
9. WHAT ARE THE DATA RETENTION PERIODS APPLYING TO THE USER'S PERSONAL DATA?
The personal data of the User will be stored for the duration necessary to achieve the purposes outlined in this Privacy Notice. In any case, the following retention periods will be applied to the processing of the User's personal data for the specific purposes detailed below:
(a) Data collected for Contractual Purposes and Legitimate Interest Purposes will be retained throughout the provision of services and for 10 years following the termination or withdrawal from the contract with Emteq Labs. Exceptions will be made when retaining the data is necessary to respond to or initiate legal action, upon request from competent authorities, or to comply with applicable laws.
(b) Data collected for Marketing Purposes pertaining to the delivery of marketing communications and conducting market research, as described in Section 4, subsection i) of this privacy policy, will be retained for the duration of the contract and an additional 24 months thereafter.
(c) Data gathered for Marketing Purposes related to the profiling of User preferences for marketing purposes, as outlined in Section 4, subsection j) of this privacy policy, will be retained for 12 months from the moment of collection.
10. WHAT ARE THE USER'S RIGHTS REGARDING PERSONAL DATA?
At any time, users have the following rights, which can be exercised by sending an email to info@emteqlabs.com:
(a) Confirmation of the existence of personal data and information regarding its content, source, accuracy verification, and the option to request its integration, updating, or correction.
(b) Request for the erasure, anonymization, or restriction of personal data processing that contravenes applicable laws.
(c) The right to object, based on legitimate grounds, to the processing of personal data.
(d) Withdraw consent to data processing, where consent is a requirement.
Furthermore, at any time, users can:
10.1. Request Emteq Labs to limit the processing of their personal data under certain circumstances;
(a) When the accuracy of personal data is contested until Emteq Labs has corrected or verified it.
(b) When data processing is unlawful, the user does not want the data erased.
(c) When Emteq Labs no longer needs the data for processing purposes, but the user requires it for legal claims.
(d) When the user has objected to processing based on legitimate interests, pending verification of Emteq Labs’s compelling legitimate grounds to continue processing.
10.2. Object to the processing of personal data;
10.3. Request the erasure of personal data without undue delay.
10.4. Receive an electronic copy of personal data if the user wishes to export it to themselves or another provider when Emteq Labs relies on user consent or the necessity of processing for service provision and data is processed automatically.
10.5. Lodge a complaint with the relevant data protection supervisory authority.
11. DATA PROTECTION TEAM
The Data Protection Officer, Charles Nduka, employee of Emteq Labs in accordance with Section 37 of the Privacy Regulation, can be reached at privacy@emteqlabs.com.
12. UPDATES
This privacy information notice may be updated or expanded in the future. Users will be given prior notice of any changes, and the updated privacy information notice will be available for review on the website www.emteqlabs.com.
Last Update: October 2023
Welcome to Emteq Ltd. (Emteq Labs), headquartered at Sussex Innovation Centre, Brighton BN1 9SB, United Kingdom. You can reach us at info@emteqlabs.com (or, privacy@ emteqlabs.com). In this privacy data policy, we will explain the procedures and principles governing the collection, utilization, disclosure, and other forms of processing of personal data through the OCOsense smart glasses (OCOsense) and the OCOsense application (App). These services are designed and provided by Emteq Ltd. It is important to note that this privacy policy pertains exclusively to the use of OCOsense products and services and does not extend to the Emteq Ltd. website located at www.emteqlabs.com.
2. WHO AND WHAT DO THIS PRIVACY POLICY COVERS?
Emteq Labs serves as the data controller for personal data collected from users of OCOsense and the App. Our services are accessible to both adults and children. In the case of minors using OCOsense, we insist that a parent or legal guardian registers on behalf of the minor. For users under 16 years of age, parental consent, which can be verified, is a prerequisite for the collection and use of their personal data by Emteq Labs. This policy outlines how we handle the data of both adult and minor users.
3. WHAT TYPES OF PERSONAL DATA IS COLLECTED?
Emteq Labs encompasses several categories of personal data.
Registration for the Application Service: Emteq Labs compiles the user's initial and last names, alongside their contact information, encompassing email, birthdate, and phone number. In instances where the user is below the age of 16, the contact details of their parent or guardian are likewise collected. By voluntarily supplying their personal information, the user acknowledges that they have received Emteq Labs' privacy information notice and have granted prior consent for Emteq Labs to process their personal data, a necessity for service provision.
Additional Data: Emteq Labs automatically obtains the following information via OCOsense and the application when the user's device is connected to the internet:
(a) Physiological Data: This covers information related to facial movements, facial expressiveness, bodily acceleration, and other physical details sourced from the OCOsense sensors (classified as "Special Categories of Personal Data"). This data is automatically transmitted from OCOsense to the App via Bluetooth®, and then from the Application to Emteq Labs Cloud Services through the user's mobile device's WiFi connection or other cellular networks.
(b) Technical Data: Emteq Labs also collects technical specifics such as access timestamps to the application, phone/device type, software version, and Bluetooth® and Wi-Fi settings (On/Off).
(c) Facial Landmarks and Optional Image Data and: Emteq Labs may offer the functionality to keep image data (recorded through the App by the users) or facial/ body landmarks data extracted from the image data. This data helps us to annotate the data and the context of the movements. Similar to the Physiological Data, this data is automatically transmitted from OCOsense to the App via Bluetooth®, and then from the Application to Emteq Labs Cloud Services through the user's mobile device's WiFi connection or other cellular networks. The image data is then processed to extract the facial/ head/ body landmarks. The retention of the video data is contingent upon the user's explicit consent. The client has the discretion to decide whether to retain the image data, and Emteq Labs will only proceed with such storage if the client provides clear and informed consent. Users can manage their data preferences within the app settings. The Facial or body Landmarks data will be treated at the same level as the other Physiological Data.
4. HOW IS THE PERSONAL USER DATA USED?
Emteq Labs uses the User’s Data for the Following Purposes:
(a) Service Provision: This includes delivering services accessible through OCOsense and the App, such as billing for fees and gathering activity information.
(b) Customer Support and Technical Assistance: This encompasses providing customer support, technical aid, and relevant communications concerning services through OCOsense.
(c) Quality Measurement: We collect data to measure service quality and relevant metrics offered through OCOsense and the App.
(d) Complaint and Dispute Management: Data is used to handle complaints and disputes effectively.
(e) Legal Compliance and Government Requests: Activities necessary for compliance with national/EU laws and responding to requests from public and government authorities. (These purposes from a) to e) are collectively referred to as "Contractual Purposes").
(f) Credit Recovery: Involves credit recovery procedures and credit assignment to authorized companies, sometimes with third-party involvement.
(g) Testing, Updates, and Development: We perform tests, updates, and development activities to optimize OCOsense, the App, and related services. This may include the use of machine learning systems and artificial intelligence, within necessary limits.
(h) Technical Assessment and Due Diligence: In cases of potential mergers, asset sales, or business transfers, we conduct technical assessments and due diligence activities, sharing user data with relevant third parties as part of the transaction. (Purposes from f to h) are collectively called "Legitimate Interest Purposes")
(i) Direct Marketing Communications: Delivery of marketing communications regarding Emteq Ltd.'s products and services, using both automated (e.g., SMS, MMS, email) and traditional (e.g., human operator calls) contact methods.
(j) Customized Marketing Communications: Providing personalized marketing communications tailored to the user's interests and needs, through the communication channels specified in i) above. (Purposes i) and j) are collectively referred to as "Marketing Purposes").
5. ON WHAT LEGAL BASIS IS THE USER PERSONAL DATA PROCESSED?
The processing of the User's personal data is rooted in the necessity of fulfilling contractual obligations and complying with relevant laws. This is crucial for the following reasons:
Contractual Purposes: To ensure the proper execution of the contract for delivering requested services (as outlined in Section 4, subsections a to d).
Legal Compliance: To adhere to provisions mandated by applicable laws (as detailed in Section 4, subsection e).
Should the User decline to provide their personal data for Contractual Purposes, Emteq Labs will be unable to provide the requested services. Additionally, for the collection of Special Categories of Data processed for Contractual Purposes, Emteq Labs will require the User's explicit consent. Failure to provide this consent will result in Emteq Labs being unable to provide the services.
Processing of the User's personal data for Legitimate Interest Purposes, as defined in Section 4, subsections f) and h), is conducted in accordance with Article 6, letter f of the EU General Data Protection Regulation No. 679/2016 (the "Privacy Regulation"). This processing is aimed at pursuing Emteq Labs's legitimate interests, with consideration for balancing these interests against those of the User. Data processing is performed within the strict limits necessary to fulfill these activities. Importantly, participation in data processing for Legitimate Interest Purposes is not obligatory, and Users can object to such processing at any time using the methods outlined in Section 10 of this privacy policy.
Lastly, data processing for Marketing Purposes relies on the prior consent of the User. While not mandatory, a User's refusal to provide consent will result in the User not receiving marketing communications, as detailed in Section 4, subsections i) and j). Users can withdraw their consent at any time through the procedures outlined in Section 10 of this privacy policy.
6. HOW IS THE USER’S PERSONAL DATA PROCESSED?
The User's personal data will be processed both electronically and/or manually, in any case in such a way as to guarantee the security, protection, and confidentiality of the data, thanks to appropriate administrative, technical, personnel, and physical measures against loss, theft, and unauthorized use, disclosure, or modification.
7. WHO CAN HAVE ACCESS TO THE USER'S PERSONAL DATA?
For Contractual Purposes, personal data may be shared with various recipient categories, both within the EU and, as defined in Section 8, occasionally beyond the EU borders. These recipients include:
(a) Caregivers within specified parameters, encompassing third-party service providers responsible for handling tasks such as services, advice, and support related to technology, accounting, administration, legal matters, insurance, and IT functions.
(b) Emteq Labs group companies.
(c) Individuals and authorities with a lawful right to access personal data as stipulated by regulations or provisions from legally authorized entities. These recipients will process personal data in their respective capacities as data controllers, data processors, or personnel responsible for processing, depending on the specific circumstances.
For Legitimate Interest Purposes, personal data may also be transmitted to different recipient categories, both within and within the framework delineated in Section 8, occasionally outside the EU. These categories consist of:
(a) Third-party service providers entrusted with processing activities associated with credit recovery procedures, credit assignments, as well as tests, updates, and development of Emteq Labs and its Application.
(b) Potential purchasers of Emteq Labs, as well as entities resulting from mergers or other transformations involving Emteq Labs.
(c) Competent authorities.
In the case of Marketing Purposes, personal data may be disclosed to recipient categories located both within and within the boundaries defined in Section 8, outside the EU. These include:
(a) Third-party service providers responsible for processing activities related to the distribution of marketing communications.
(b) Companies linked to Emteq Labs.
A comprehensive list of data processors can be obtained upon request, following the procedures outlined in Section 9 below.
8. IS THE USER'S PERSONAL DATA TRANSFERRED ABROAD?
The Client's personal data may be transferred to countries within and outside the European Economic Area, particular in the United Kingdom and the United States. For transfers from EU to countries not considered adequate by the European Commission, Emteq Labs has put in place appropriate and suitable safeguards to protect the User's personal data. Accordingly, the User's personal data are transferred in compliance with the requirements and the obligations provided by applicable data protection laws, such as standard contractual clauses adopted by the European Commission as per Articles 45 and 46 of the Privacy Regulation.
9. WHAT ARE THE DATA RETENTION PERIODS APPLYING TO THE USER'S PERSONAL DATA?
The personal data of the User will be stored for the duration necessary to achieve the purposes outlined in this Privacy Notice. In any case, the following retention periods will be applied to the processing of the User's personal data for the specific purposes detailed below:
(a) Data collected for Contractual Purposes and Legitimate Interest Purposes will be retained throughout the provision of services and for 10 years following the termination or withdrawal from the contract with Emteq Labs. Exceptions will be made when retaining the data is necessary to respond to or initiate legal action, upon request from competent authorities, or to comply with applicable laws.
(b) Data collected for Marketing Purposes pertaining to the delivery of marketing communications and conducting market research, as described in Section 4, subsection i) of this privacy policy, will be retained for the duration of the contract and an additional 24 months thereafter.
(c) Data gathered for Marketing Purposes related to the profiling of User preferences for marketing purposes, as outlined in Section 4, subsection j) of this privacy policy, will be retained for 12 months from the moment of collection.
10. WHAT ARE THE USER'S RIGHTS REGARDING PERSONAL DATA?
At any time, users have the following rights, which can be exercised by sending an email to info@emteqlabs.com:
(a) Confirmation of the existence of personal data and information regarding its content, source, accuracy verification, and the option to request its integration, updating, or correction.
(b) Request for the erasure, anonymization, or restriction of personal data processing that contravenes applicable laws.
(c) The right to object, based on legitimate grounds, to the processing of personal data.
(d) Withdraw consent to data processing, where consent is a requirement.
Furthermore, at any time, users can:
10.1. Request Emteq Labs to limit the processing of their personal data under certain circumstances;
(a) When the accuracy of personal data is contested until Emteq Labs has corrected or verified it.
(b) When data processing is unlawful, the user does not want the data erased.
(c) When Emteq Labs no longer needs the data for processing purposes, but the user requires it for legal claims.
(d) When the user has objected to processing based on legitimate interests, pending verification of Emteq Labs’s compelling legitimate grounds to continue processing.
10.2. Object to the processing of personal data;
10.3. Request the erasure of personal data without undue delay.
10.4. Receive an electronic copy of personal data if the user wishes to export it to themselves or another provider when Emteq Labs relies on user consent or the necessity of processing for service provision and data is processed automatically.
10.5. Lodge a complaint with the relevant data protection supervisory authority.
11. DATA PROTECTION TEAM
The Data Protection Officer, Charles Nduka, employee of Emteq Labs in accordance with Section 37 of the Privacy Regulation, can be reached at privacy@emteqlabs.com.
12. UPDATES
This privacy information notice may be updated or expanded in the future. Users will be given prior notice of any changes, and the updated privacy information notice will be available for review on the website www.emteqlabs.com.
Last Update: October 2023
