This is the privacy notice (the “Notice”) of Emotif.ai Retail Analytics Limited (“Emotif.ai”, “we”, “us” or “our”). If you are viewing this Notice on our website (the “Emotif.ai Website”), you accept that your use of the Emotif.ai Website indicates your consent to the practices described in this Notice. This Notice applies to you if:
- You are an individual who is a client of ours.
- Your information has been provided to us or obtained by us in connection with a client of ours (e.g. if you are an employee, agent, director, officer or partner (a “Representative”) of a client of ours.
- You are an individual who is a potential client of ours or a Representative of a potential client of ours.
- You contact us or our affiliates by email, telephone or any other means.
- You are a visitor to the Emotif.ai Website.
- You are a Representative of a supplier, service provider, professional adviser, consultant or business partner of ours.
This Notice and any applicable agreement entered into by you and us sets out the basis on which we use your personal information. This Notice discloses information required under the privacy laws that apply to us, including the European Union General Data Protection Regulation. We are a data controller of your personal information.
Sources of Personal Information
We may use personal information that is:
- Provided by you via email, telephone or at meetings.
- Collected or generated in relation to an investment in us by you or the person or entity you represent.
- Collected or generated in relation to services provided: (i) by us to you or the person or entity you represent; (ii) to us by the entity you represent.
- Received from third parties such as the person or entity you represent, background check providers, public agencies and database or directory providers.
- Collected using cookies and other technologies when visiting the Emotif.ai Website.
- Obtained from public sources such as websites.
Categories of Personal Information
We may use the following personal information:
- Personal details such as name, title, addresses, telephone numbers, email addresses, date of birth and details about your employment and education.
- Financial details such as details of your bank accounts, tax residency and tax identification information.
- Transactional and performance data regarding the tasks you perform.
- Correspondence, call recordings, website usage data, IP addresses and location data.
How we use Personal Information
Emotif.ai may use personal information to:
- Communicate with you and/or the person or entity you represent, and retain records of such communication.
- Conduct business development and marketing activities such as providing information about us and our services, research and events.
- Carry out know-your-client procedures.
- Carry out due diligence on service providers and administer service provider relationships.
- Carry out maintenance and service work.
- Make decisions related to our services and our business strategy.
- Enter into contracts and perform contractual obligations.
- Meet any legal, regulatory or self-regulatory requirement that applies to us or our affiliates.
- Administer the Emotif.ai Website and ensure that it is effectively presented for you and for your computer or device.
- Respond to enquiries and complaints and service requests.
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another purpose which is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis for such use.
We can only use your personal information when the law allows us to (i.e. there is a “lawful basis for processing”). The lawful basis will be one or more of the following:
- Where we need to perform a contract that we have entered into with you.
- Where we need to comply with EU or EU member state law.
- Where it is necessary for our legitimate interests (or those of our affiliates or Service Providers) and your interests and fundamental rights do not override those interests. Depending on the type of personal information, these legitimate interests are: running day-to-day business operations; mitigating operational, financial, legal, tax, reputational, strategic, economic and other risks; ensuring that we remain a viable and competitive business; and complying with non-EU or non-EU member state law.
- In respect of any use of sensitive personal information, such as the political opinions of a politically exposed person, the use will be necessary for reasons of substantial public interest.
Sharing Personal Information
We may share your personal information with any affiliated entity of ours for the purposes set out above. We may also share your personal information with third parties including:
- Marketing providers that assist with the delivery of information to you or the person or entity you represent.
- Service Providers for the performance of any contract we have entered into with you, the person or entity you represent or the Service Providers.
- Analytics providers that assist in the improvement of the Emotif.ai Website.
We may also share your personal information with third parties if:
- We sell or buy any business or assets, when it may be necessary to share your personal information with the prospective seller or buyer.
- We are acquired by a third party, when your personal information will be one of the transferred assets.
- It is necessary to meet any legal, regulatory or self-regulatory requirement that applies to us or our affiliates.
Your personal information is stored on secure servers and access to it is limited in accordance with our information security policies and procedures.
Our affiliates and other third parties that receive your personal information may be based anywhere in the world, including countries outside the EU such as the United States of America. Such countries may not be subject to a decision by the European Commission that their laws provide an adequate level of protection for personal information. In such cases, to ensure that your personal information receives an adequate level of protection, we seek to ensure that, where required by law, transfers of personal information outside the EU are subject to European Commission-approved standard data protection provisions or, in respect of transfer to the US, the transferee is a participant of the EU-US Privacy Shield framework.
Retaining your Personal Information
How long we hold your personal information will vary. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorised use or disclosure of the information, the purposes for which we use the information, and applicable legal requirements. We may retain your personal information indefinitely to keep a reasonable record of our dealings with you and to ensure that we do not duplicate communications with you or contact you when you no longer wish us to do so. In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
You have the following rights in respect of your personal information that we hold:
- Access – you may request details of your personal information that we hold and a copy of such information.
- Rectification – you may request that we correct or complete any of your personal information that is inaccurate or incomplete.
- Erasure – you may request that we delete your personal information, although in some circumstances we may be legally entitled to retain it.
- Restriction – you may object to, and request that we restrict, our use of your personal information in some circumstances, although in some circumstances we may be legally entitled to continue to use it or to refuse such request.
- Direct marketing – you may request that we do not use your personal information to directly market to you.
- Portability – in respect of information you have provided to us, you may in some circumstances request that we provide it in a structured commonly used and machine-readable format and that we transfer it to a third party where this is technically feasible.
If you exercise your rights of erasure or restriction or if you refuse to provide certain personal information, we may not be able to provide services to you or the person or entity you represent. You will not have to pay a fee to exercise any of these rights except that we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
Changes to this Notice
We may update this Notice at any time, and we will post updates on the Emotif.ai Website. We may also notify you in other ways from time to time about our use of your personal information.
Contact and Complaints
If you have any questions about this Notice or how we use your personal information, or if you wish to exercise any of your rights, please email us. You have the right to make a complaint at any time to the Information Commissioner’s Office, the UK supervisory authority for data protection issues.