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Privacy Policy

Your privacy is important to Emotiv, Inc., and its affiliates, Emotiv Research Pty Ltd (Australia), Emotiv Limited (HK), and Emotiv Technology Vietnam (VN) (together referred to here as Emotiv). We’ve adopted this Privacy Policy for how we collect, use, share, and store your information. Please take a moment to review our Policy and please let us know if you have any questions.

 

Collection and Use of Your Personal Information

Personal information is information that identifies or is specific to you, or that can be used to contact you.

Personal Information You Submit

When you create an Emotiv user account or an Emotiv Cloud Services account accessed through the Xavier SDK or the Emotiv Insight application (available in 2015), purchase a product, download a software update, participate in one of our online forums, or contact us, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card or other payment information.

Personal Information Collected by Emotiv Cloud Services

When you use Emotiv Cloud Services accessed through the Xavier SDK or the Emotiv Insight application (available in 2015), we will gather information from you that can be associated with you, including the EEG data (see the next paragraph) that you upload to Emotiv’s servers from your EPOC and Insight Brainwear devices; usage information, such as when, how often, and for how long you use your device and Emotiv Cloud Services; what activities you told us you were engaged in (in order to distinguish or analyze EEG or other data between different activities and different occasions); specific interactions with applications, websites, or other services which may rely on identifying you in order to provide services or functionality to which you have subscribed; and your IP address and the date and time you access the Insight online service. “EEG data” includes electrical biosignals collected using Emotiv Brainwear™ and any related monitoring equipment, motion sensor outputs, associated data such as event timing markers, mouse, touchscreen, gestural, and keyboard events, eye movements, survey responses, choices, and preferences, tactile, audio, visual, and other sensory stimuli, reaction times, self-assessment, and cognitive performance. It also includes information that may be inferred from the foregoing sources, either alone or in any combination. If you have an Emotiv Cloud Services account, you will have the option
not to upload your data, but if you choose that option, a much more limited set of features will be available to you.

Personal Information Collected from Social Networks

If you use your Facebook or other social network log-in to create your Emotiv user or Emotiv Cloud Services account or link your Emotiv user or Emotiv Cloud Services account with a social network account, Emotiv may collect information associated with the social network account, such as your demographics and interests, as enabled by the social network.

How We Use Your Personal Information

Here are examples of how we may use personal information:

  • For the purposes for which you submit it, including, for example, to
    create and maintain an account for you.
  • To provide Emotiv Cloud Services to you (available in 2015), as
    when we analyze the EEG Data you provide and present you with
    the results or allow you to access and use your saved profile across
    multiple devices.
  • To provide you with offers that may be of interest to you, such as
    opportunities to participate in research studies conducted by third
    parties.
  • To customize the content that you see based on your personal
    characteristics or preferences.
  • To help us develop and improve our products and services.
  • To help troubleshoot problems, provide you with required notices, enforce our User Agreement (for example, when necessary to protect our or a third party’s intellectual property or proprietary rights), or to alert you to changes in our policies or agreements.

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Collection and Use of Non-Personal Information

We also collect and use certain non-personal information. This is information that, by itself, does not identify you or allow someone to contact you. We may collect, use, and disclose non-personal information for any purpose. Non-personal information includes demographic data
such as your age, biological gender, handedness, educational status, particular skills, general profession, physical or mental conditions, personality and psychological profile data, and information derived from your EEG or other data. Non-personal information will not include any direct identifying material that would link the non-personal information to your personal identity, except where it may be used to provide services to which you have explicitly agreed, such as providing comparative performance reports with groups of your peers.

Non-Personal Information that is Automatically Collected

When you visit the Emotiv web site, we automatically track and collect IP addresses, domain servers, computer type, and web browser type. This information is anonymous and does not personally identify you but it is helpful for marketing purposes and for improving your experience on our web site. We also use “cookies” to customize content specific to your interests, to allow you to use our shopping cart, and to store your password so you do not have to re-enter it each time you visit our web site. If you want to disable cookies, check with your browser provider to learn how.

How We Use Non-Personal Information Generally

Here are examples of how we may use and disclose non-personal information:

  • To third party partners to assist our business arrangements with them, for example, jointly offering products or services to you, or creating ways for our products and services to work with the products and services of our third party partners.
  • To advertisers and other third parties, particularly aggregated, non-identifiable information about our user base and usage patterns.
  • To help us develop and improve our products and services.
  • To help identify your peer groups in order to provide information to you regarding your overall cognitive performance relative to other users of similar age or other characteristics.
  • To allow researchers conducting neuroscience experiments to select for demographic groups of potential subjects, if you indicate that you are willing to participate in such experiments. Following demographic selection, our system may email you with details of the experiment and invite you to participate, deliver, and execute the experiment; collect your data; notify the experimenter when the experiment is completed; and provide the experimenter with anonymous EEG data and such parts of your non-personal information as you choose to divulge.

 

How We May Use Non-Personal EEG Data

If you upload EEG data using Emotiv Cloud Services (available in 2015), we may render the EEG data anonymous by saving a copy stripped of any identifying information. Ways in which we may use and disclose anonymous EEG data include:

  • Providing it to third parties for scientific, medical, and marketing research.
  • Combining it with anonymous EEG data from other users or with non-personal demographic information for purposes of research and analysis by us or by third parties.

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Your Information and Third Parties

In certain situations, your information, including sometimes your personal information, may be shared with third parties.

When We May Disclose Personal Information to Others

Emotiv may be required to disclose your personal information by law, litigation, legal process, or requests from governmental authorities. Emotiv may also disclose personal information if we determine that disclosure is reasonably necessary to enforce our terms and conditions, or to protect our property, our users, or third parties. In the event of a merger, sale, reorganization, or similar transaction, we may transfer personal information we possess to an acquiring entity as a corporate asset.

Third Party Providers and Emotiv Cloud Services

We may use contractors and third party service providers in connection with Emotiv Cloud Services (available in 2015). When our contractors or service providers obtain access to your personal information, they are required to protect this information consistent with this Privacy Policy, and may not use the information for any purpose other than to carry out the services they are performing for Emotiv.

Personal Information You Share with Others

Emotiv Cloud Services may allow you to share your EEG Data and other information with third parties, such as your health professionals or your friends who use the service, and on social networks such as Facebook. Please note that doing so is at your own risk, and Emotiv cannot be responsible for how third parties with whom you choose to share your personal information may use or disclose that information.

Third Party Research Programs

If you participate in a third party research program offered through the Insight online service, we will disclose to the researchers an anonymous version of relevant portions of your EEG data and other non-personal information. We will provide you with a link to any privacy policy the research program itself may have.

Third Party Offers

We may give you third party links or offers. We will not disclose your personal information to third parties for their own marketing purposes without your consent. Emotiv’s Privacy Policy does not apply to information third parties may collect from you themselves. We encourage you to be satisfied with any such third party’s own privacy policies before you participate in their offers or make purchases from them.

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Viewing and Amending Information

You can log into your Emotiv user account or your Emotiv Cloud Services account and view and change your account information at any time. You may also request that we delete your personal information by contacting [email protected], and we will do so if reasonably practicable so long as Emotiv is not required to retain the information by law. Please note that we cannot change EEG data uploaded to Emotiv Cloud Services, although we can delete any information that would personally associate the data with you.

Children

Emotiv does not knowingly collect personal information from children under 13. Emotiv Cloud Services is not intended for use by children under 13. If we learn that we have collected personal information of a child under 13, we will take steps to delete the information as soon as possible. Please contact [email protected] if you are a parent or guardian of a child under 13 whom you believe has provided us with any personal information.

California Do Not Track Disclosures

Emotiv does not collect personal information about your online activities over time and across third party web sites or online services, and therefore it does not respond to your browser’s Do Not Track signals. No third parties conduct online tracking on Emotiv’s web site or Emotiv Cloud Services (available in 2015).

Security

The personal information we collect about you is stored in limited access severs located in the United States and other countries where Emotiv has facilities. We will maintain safeguards to protect the security of these servers and your personal information. No security measures are 100% effective, however, and we cannot guarantee the security of your personal information.

Updates

Emotiv may update this Privacy Policy in the future. We will post the updated Privacy Policy on Emotiv’s web site, and if you have an account with Emotiv, we will notify you of the update by email.

Contacting Us

If you have any questions about this Policy, please contact us at
[email protected].

EMOTIV, Inc., 490 Post St., Suite 824, San Francisco, CA 94102 USA

Last Updated 14 September, 2014