ONLINE EYE-TRACKING SPECIFIC PRIVACY POLICY

Declaration of consent pursuant to Art. 6 para. 1 lit. a GDPR for the processing, collection, and storage of study data

between

eye square GmbH 

Schlesische Str. 29-30 (F)

10997 Berlin – Germany

eye square | Implicit Market Research | Experience Research

(hereafter ‘eye square’)

and

(hereafter ‘Study Participant’ or ‘you’)

NAME AND ADDRESS OF THE DATA CONTROLLER

The data controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the Member States of the EU as well as other data protection like the California Consumer Protection Act (CCPA) provisions is:

eye square GmbH
Schlesische Strasse 29-30
10997 Berlin
Germany
Tel.: +4930698144-0
Email: dataprotection@eye-square.com

NAME AND ADDRESS OF THE DATA OFFICER

The data protection officer of the data controller is:

Lena Ludwig
PSW GROUP Consulting GmbH & Co. KG
Flemingstr. 20-22 . 36041 Fulda . Hessen . Germany
Tel.: +49(0)661/480276-24
Email: ll@psw.net
Website: www.psw.net

PRIVACY BY DESIGN

1. Data privacy is our top priority at eye square. We rely primarily on demographic and aggregated data from which we cannot directly identify people, and we maintainappropriate limits on access to data about specific individuals where we hold it.

2. While developing our products and services, we assess their potential impact on personal data and embed appropriate privacy protections into our data processing activities, considering the other privacy principles described below.

TRUST AND ACCOUNTABILITY

1. We are committed to responsible stewardship of your personal data under our control and to compliance with all applicable data protection laws that regulate the collection, use and disclosure of data about individual people.

2. eye square´s internal privacy team oversees compliance with applicable privacy laws, self-regulatory programs that we participate in, and our internal privacy policies.

PURPOSE OF PERSONAL DATA COLLECTION

1. eye square is in the business of conducting market research studies on behalf of our clients. For this purpose, eye square wants to process Personal Data to answer relevant market research questions. In doing so, we help our customers optimize their products and services or answer legitimate questions related to their content.

2. We process your personal data based on your consent. We would not harm your rights and freedoms without a legitimate reason.

3. In this study, we are interested in understanding what you are looking at while being presented with media content. For this purpose, we record a video of your face and eye movements to determine your point of gaze and emotional response (your Personal Data).

MEANS OF PERSONAL DATA COLLECTION

1. To collect your facial image data, we will therefore ask you to grant us access to your device’s camera and audio to record your face.

2. Without granting us access to your camera and taking a video recording of your face and eye movements, you cannot participate in this study.

SCOPE OF PERSONAL DATA COLLECTED

1. Within the scope of the study, the Study Participant provides eye square with unique eye tracking data collected via their device’s camera. This Personal Data includes the video recordings of the Study Participant’s face and the Study Participant’s device information as metadata (the Study Data).

2. We do not collect any biometrical data of Study Participants except their facial recording, including the participant’s eye movements. Facial images are required to:

a) determine head position relative to the device screen. This mainly involves “distance” and “rotation”,

b) determine eye position and movements (e. g. “blink”).

3. Data on facial images are considered as biometric data if the following conditions are met:

a) data relating to physical, physiological, or behavioral characteristics of a natural person,

b) such personal data results from specific technical processing of the data set, and

c) personal data is used to uniquely identify a natural person.

Our machine learning models are trained to uniquely identify one person from another, solely for the purpose of improving the study data quality and avoiding duplicates of Study Participants which may negatively influence overall study results.

4. Metadata includes information about your electronic device, depending on availability, such as

a) the screen resolution,

b) the screen coordinates of the calibration points with timestamp, and

c) the model codename of the device used.

PROCESSING AND STORAGE OF DATA COLLECTED

1. Your data is stored within the European Union, protected against unauthorized disclosure or processing, compliant with the EU General Data Protection Regulation.

2. We may transfer your data to a third country if the European Commission has decided that this third country ensures an adequate level of protection, or we have employed additional safeguards to protect your data. In the case of such data transfer to non-EU countries, adequate protection of the data takes place based on contractual regulations provided by law, which the Study Participant can consult at all times.

ASSIGNMENT OF RIGHTS

1. eye square is responsible for the collection, processing, use and storage of facial video recordings and metadata under the relevant data protection laws.

2. The following characteristics are processed, which allow a personal reference:

a) Image of the Study Participant,

b) Place and time of the recording,

c) Device information,

d)Participant ID of Panel provider.

3. The creation and use of the video recordings are made for the purposes stated in III. The legal basis is the performance of this declaration of consent isArt. 6 Abs. 1 lit. a DSGVO (GDPR). The data processing is necessary for the performance of this contract.

4. The personal data will be deleted as soon as they are no longer necessary to achieve the purpose of the processing or after revocation of your consent.

5. The Study Participant has the following rights with respect to their personal data regarding eye square or clickworker.com under certain circumstances:

a) the right to information (Article 15 GDPR),

b) the right to rectification (Article 16 GDPR),

c) the right to restriction of processing (Article 18 GDPR),

d) the right to data portability in a machine-readable format (Article 20 GDPR),

e) the right to complain to a data protection supervisory authority about the processing of their personal data (Article 77 GDPR).

DATA PROTECTION RISKS

1. eye square’s management as well as the employees are aware that there are risks to the rights, interests and freedoms worthy of protection of the data subjects when processing personal data.

2. Regular training courses and workshops are held to raise awareness and expertise, often providing specific topics pertaining to data security in relation to research projects.

3. To minimize risks, data protection impact assessments are carried out periodically. For the processing of special categories of personal data, like biometric data, children or disabilities special assessments are held before and within the projects to ensure the safety and protection of these groups.

WITHDRAWAL OF CONSENT

1. You may ask us at any time to delete your Personal Data by contacting us at:dataprotection@eye-square.com requesting erasure of your personal data.

2. If you request deletion of any or all of your Personal Data, we will immediatelydelete that particular data after receipt of your request.

MISCELLANEOUS

1. This contract is subject to German law.

2. The place of jurisdiction is Berlin.

3. Verbal collateral agreements do not exist. Changes require the written form.

4. Should individual provisions of this agreement to consent be invalid or become invalid after conclusion of the agreement, the validity of the rest of the agreement shall remain unaffected.

For further information, please refer to our data privacy statement on our website which can be found here:

https://www.eye-square.com/en/privacy-statement/

eye square software privacy policy details