Collection and Use of Your Personal Information
Personal information is information that identifies or can be used to identify you.
Personal Information You Submit
When you create an EMOTIV user account or an EMOTIV Cloud Services account, purchase a product, download a software update, participate in one of our online forums, or contact us, we may collect a variety of personal 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, 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 EMOTIV devices; usage information, such as when, how often, and for how long you use the EMOTIV 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 EMOTIV software applications.
“EEG data” includes electrical biosignals collected using EMOTIV devices 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.
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, 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 improve our translational algorithms so that they offer customized, personalized results for you.
- 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 translational algorithms, features, products and services.
- With your express consent, to share all or certain portions of your EEG and other data with third party software providers in connection with your use of software developed by third parties using EMOTIV’s software development kit.
- To help troubleshoot problems, provide you with required notices, enforce our agreements with you (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.
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 and cannot be used to identify you. We may collect, use, and disclose non-personal information for any purpose. Non-personal information includes general 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 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 expressly agreed, such as providing comparative performance reports with groups of your peers.
Non-Personal Information that is Automatically Collected
When you visit the EMOTIV website, 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 website. 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 website. If you want to disable cookies, check with your browser provider to
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, nonidentifiable 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, 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.
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 in response to formal requests from governmental authorities. EMOTIV may also disclose personal information if we determine that disclosure is reasonably necessary to enforce our agreements with you, 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
Personal Information You Share with Others
EMOTIV Cloud Services may allow you to authorize EMOTIV to share your EEG data and other information with third parties, such as your health professionals or your friends who use the service, on social networks such as Facebook, and with third party software providers. Please note that doing so is at your own risk, and EMOTIV cannot be responsible for how third parties with whom you authorize EMOTIV to share your personal information may use or disclose that information.
Third Party Research Programs
Third Party Offers
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@example.com, and we will do so if 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.
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 firstname.lastname@example.org if you are a parent or guardian of a child under 13 whom you believe has provided us with any personal information. EMOTIV does not knowingly collect personal information from children under 16 without obtaining consent from a person holding parental responsibility (e.g., parent or guardian).
California Do Not Track Disclosures
EMOTIV does not collect personal information about your online activities over time and across third party websites 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 website or EMOTIV Cloud Services.
The personal information we collect about you is stored in limited access servers 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. We will notify you of any data breach at EMOTIV where your personal information has been obtained by unauthorized third parties.
Before personal information that can be used to identify you is collected, the EMOTIV software will notify you and request your consent. If you withhold consent, the information will not be collected. You may withdraw your consent by contacting EMOTIV at email@example.com. If you withhold consent or withdraw your consent, EMOTIV may not be able to provide you with certain services and features.
EMOTIV, Inc., 490 Post St., San Francisco, CA 94102 USA.