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Privacy Policy / Privacy Notice



IntroductionThis policy (together with our Terms of Use) applies to your use of:
  • eMoodie Labs and eMoodie Minds mobile application software (App) available on our site (App Site), once
    you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device).
  • Any of the services accessible through the App (Services) that are available on the App Site or other sites of ours (Services Sites). This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

Important information and who we are

eMoodie Labs is an app created as a research tool for the express purpose of studying mental health symptoms, emotions and health factors such as sleep in older children, teenagers and young adults. It has also been validated for use with adults and in clinical settings.

eMoodie Limited is the data processor and controller for this App (collectively referred to as “Company“, “we“, “us” or “our” in this policy) and are responsible for your personal data.

If you have any questions about this privacy policy, please contact us using the details set out below.

Contact details

Our full details are:
  • Full name of legal entity: eMoodie Limited (SC681171)
  • Email address: cedric@emoodie.com
  • Data Protection Officer Details: Cedric Clain, Chief Technology Officer at eMoodie Limited

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues but we would welcome the opportunity to address any of your concerns prior to a complaint being made to the ICO.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

This version was last updated on  January 15th, 2024. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you when you next start the App or log onto one of the Services Sites. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.

The data we collect about you

We may collect, use, store and transfer different kinds of personal data about you as follows:
  • Identity Data e.g. first name, last name, maiden name, username or similar identifier, marital status, title, date of birth, gender.
  • Contact Data e.g. email address and telephone numbers.
  • Health Data e.g. any information derived from testing or examination of a body part or bodily substance, including from samples or biometric readings provided during your use of the App.
  • Device Data e.g. the type of mobile device you use, [a unique device identifier [(for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device)],] mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, for the purposes of preparing crash reports and troubleshooting the App, voice or video recordings provided by you in relation to a particular study.
  • Profile Data e.g. your username and password, your preferences, feedback and survey responses.
  • Usage Data e.g. details of your use of any of our Apps or your visits to any of Our Sites including, but not limited to, traffic data and other communication data, whether this is required for our own research purposes or otherwise.
  • Sensor Data Data is collected from the sensors on the smartphone, subject to users providing permission at the time of installation, including data from the phone’s accelerometer, gyroscope, step counter, GPS, ambient light sensor, and phone usage statistics.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We collect Health Data which is categorised as a Special Category of Personal Data for the purposes of carrying out scientific research on mental health. In providing your consent to the installation, and use, of the App, you provide consent to our use of Health Data for such purposes.

We do not collect other Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership or genetic data). Nor do we collect any information about criminal convictions and offences.

How is your personal data collected?

We will collect and process the following data about you:
  • Information you give us. This is information (including Contact Data) you consent to giving us about you by filling in forms on the App Site and the Services Sites (together Our Sites), or by corresponding with us (for example, by email, chat or via the App). It includes information you provide when you register to use the App Site, download or register an App, subscribe to any of our Services, search for an App or Service or enter a survey or questionnaire and when you report a problem with an App, our Services, or any of Our Sites. If you contact us, we will keep a record of that correspondence.
  • Information we collect about you and your device. Each time you visit one of Our Sites or use one of our Apps we will automatically collect personal data including Device, Content and Usage Data. We collect this
    data using cookies and other similar technologies. Please see our cookie policy for further details.
  • Location Data. We may use GPS technology to determine your current location for the purposes of specific studies, where appropriate. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings.

Before you receive an invitation to install and use the App, you will have provided personal data (including Identity and Contact Data) to a third party (for example, to a research group on a particular project). All data collected by such third parties shall be anonymised and we will not hold Identity or Contact Data about you.

Cookies

We use cookies to distinguish you from other users of the App, App Site, the distribution platform (Appstore) or Services Sites and to remember your preferences. This helps us to provide you with a good experience when you use the App or browse any of Our Sites and also allows us to improve the App and Our Sites. For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our cookie policy.

How we use your personal data


We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
  • Where you have consented before the processing.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and
    fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

We will only use your Health Data when we have your express consent to do so as it is a Special Category of Personal Data.
Find out more about the types of lawful basis that we will rely on to process your personal data below.

Purposes for which we will use your personal data


Purpose/activity
Type of data
Lawful basis for processing

To install the App and register Device you as a new App user DeviceYour consent
To manage our relationship with you including notifying you of changes to the App or any Services Profile Your consent

Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/Services)

Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions)
To enable you to participate in a survey or questionnaire Device

Profile

Location Your consent

Performance of a contract with you

Necessary for our legitimate interests (for research purposes, to analyse how customers use our products/Services and to develop them and grow our business)
To administer and protect our business and this App including troubleshooting, data analysis and system testing Contact

Device Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security)
To monitor trends so we can improve the App Device

Content

Profile

Usage

Location Consent

Necessary for our legitimate interests (for research purposes, to develop our products/Services and grow our business)


Disclosures of your personal data


When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table above:
  • Internal Third Parties as set out in the Glossary.
  • External Third Parties as set out in the Glossary.

Data security

All information you provide to us is stored on our secure servers. Where we have given you (or where
you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

Data retention

In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

In all circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

In the event that you do not use the App for a period of one year then we will treat the account as expired and your personal data may be deleted.

Glossary

Lawful basis

Consent means processing your personal data where you have signified your agreement by a statement or clear opt- in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Third parties

External third parties: Microsoft Azure which provides cloud-based servers for data storage. Research institutions in respect of particular studies, whereby all data will be anonymised.

Your legal rights

You have the right to:
  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
    (a) if you want us to establish the data’s accuracy;
    (b) where our use of the data is unlawful but you do not want us to erase it;
    (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
    (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. 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 consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

You can exercise any of these rights at any time by contacting us at support@emoodie.com.
© eMoodie Ltd 2024