Last updated: November 15, 2021
Interpretation and Definitions
A few terms need to be defined to make this data protection policy as clear as possible. These terms are:
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
“Account” means a unique account created for You to access our Service or parts of our Service.
“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where ”control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Application” means the software program provided by the Company downloaded by You on any electronic device, named MoodSwing.
“Company” (referred to as either ”the Company”, ”We”, ”Us” or ”Our” in this Agreement) refers to 65 Security Czech Republic s.r.o, Company ID No. 05629390, with registered office at V Celnici 1031/4, 110 00 Prague 1, Czech Republic.
For the purposes of the GDPR (General Data Protection Regulation), the Company shall act as (i) the Data Controller in relation to Personal Data usage for providing and improving our Service and (ii) as the Data Processor in relation to Personal Data in connection with the Survey.
“Data Processor”, for the purposes of GDPR, refers to the Company as the legal person processing Personal Data on behalf of the Researcher in compliance with the applicable GDPR regulation.
“Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
“Personal Data” is any information that relates to an identified or identifiable individual.
For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
“Researcher” means the natural or legal person conducting the Study.
“Service” refers to the Application.
“Service Provider” means any natural or legal person who processes the data on behalf of the Company or, as the case may be, on behalf of the Researcher. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered to be Data Processors.
“Survey” means a research method, typically in the form of a questionnaire.
“Usage Data” refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
“You” means the individual accessing or using the Service, or a company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Any company or legal entity using Our Service confirms that it has the authority to grant the consent to collection, storage and use of the Personal Data on the individuals accessing or using the Service on its behalf and that it has obtained in the appropriate form any necessary consent, permission or authorization required in this relation by the applicable GDPR regulation.
Under GDPR, You can be referred to as the Data Subject or as the User, as You are the individual using the Service.
Data Protection Philosophy and Intended Use of this Application
To Us at the Company, data protection matters. This Application was developed to provide data protection and information security for its Users. The intended uses for this Application are in research and education.
There are two ways in which data are being collected:
(1) Research questions in the Surveys appearing on the Application, including enrollment codes used to sign in to specific Studies (= responsibility of the Researchers who invite you to join their Studies)
(2) Data collected automatically by the Application (= responsibility of the Company)
Regarding the research questions in the Surveys: The Survey questions are the responsibility of the Researchers who invite you to join their Studies. The study-specific data protection policies are shown to you when you join each Study.
Regarding data collected automatically by the Application: We at the Company limit the amount of data automatically processed by the Application to outside of Study questions answered to the minimum needed to ensure an optimal functioning of the Application. We do Our best to limit the collection and processing of Personal Data and to protect the required Personal Data from any harm.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
• Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g., IP address), the time and date of Your visit, and optional diagnostic data.
We may also collect information that Your browser sends whenever You access the Service by or through a mobile device.
You can choose to click the “send diagnostics” button to share details about Your Device, Application version, and Study with Us, for the sole purpose of enabling Us to improve our services (e.g., to help analyze potential malfunctions). When You click the “send diagnostics” button in the Application, We may collect certain information automatically, the type of mobile device You use, the IP address of Your mobile device, Your mobile operating system, and other diagnostic data.
Such Usage Data will be processed by the Company only for the purposes of (1) trouble shooting (identifying and solving potential malfunctions of the Application on certain Devices), and (2) monitoring and ensuring information security (e.g., identifying and countering attacks against Our Service). Usage Data is kept strictly separate from any answers provided to research questions in Surveys and Studies. At no point will any data collected via the diagnostic means be made available to the Researchers conducting the Surveys and Studies.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a User of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or other important communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
We may share Your personal information in the following situations:
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed inside the EU at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court order or law enforcement authority).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is paramount to us. We use current industry best practices to protect Your Personal Data, nevertheless, while in transit and in storage and when processed, we cannot guarantee its absolute security.
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
• Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
• Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
• Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
• Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
• Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
• Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
• Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
• Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
• Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try Our best to respond to You as soon as possible.
Our Service does not address anyone under the age of 16. We do not knowingly collect personally identifiable information from anyone under the age of 16. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 16 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
• By email: email@example.com