iMotions’ Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
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This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, iMotions disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. iMotions does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. iMotions does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
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iMotions shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.
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These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by iMotions without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
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When you use our services our view content provided by us, we automatically collect information about your computer hardware and software. This information can include your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. This information is used by iMotions to maintain quality and tailored content, and to provide general statistics regarding use of the iMotions Website. For these purposes, we do link this automatically-collected data to Personal Information such as name, email address, address, and phone number. All personal data is stored up to 4 years and can be retrieved and requested deletion by contacting firstname.lastname@example.org.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a iMotions or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Use of Software and Cloud Platform
General Data Protection Regulation
All data that is recorded using iMotions is stored locally on the experimental computer and iMotions A/S has no access to the data. Therefore, it lies within the responsibility of the client to protect the data as well as personal information of their participants, and to store them in accordance with the European General Data Protection Regulation.
What you need to do:
- Collect written consent of every participant of your studies, even if they have already participated in a prior study at your institution. In the consent form, your participants need to be explicitly informed about what personal data is being processed by whom for what purpose as well as that they have the right to withdraw their consent at any time.
- Anonymize your participants in the dataset by using a pseudonym instead of their real name.
- Store data that can make the participant identifiable separate from the dataset. Please find an article on how to exclude face recordings from your dataset here.
- Delete all personal data once you are done with processing it.
- If a participant requests you to delete his or her data, you must remove all personal data from that participant from your dataset as soon as possible. This concerns even back-up-files and data in the recycle bin.
General Data Protection Regulation
When you use the iMotions cloud services, you need to sign a Data Processor Agreement. Furthermore, you must have written consent from your participants that they agree to that their personal data is processed by iMotions A/S and other third party companies whom we involve in processing the data, e.g. in order to store the data on our servers. You find more information about third parties in the Data Processor Agreement.
If a participant requests you to delete his or her personal data, remove their data from your cloud account and contact iMotions to ensure that the data is thoroughly deleted (e.g. from backup files). For this, you must provide iMotions with the participant code of the subject.
General Data Protection Regulation
Help Center: How to exclude face recordings from your study
- Before excluding face recordings from your study, make sure that you have post-processed the face recordings and are done with data cleaning (i.e. double-checking that the peak in a certain facial expression was not due to an artifact such as scratching the nose). Basically, you should not need the face recordings any longer.
- Save your study to a zip-file by right-clicking on the study and selecting “Save To File”.
- Import the study into iMotions. Unless you in the meantime deleted the original study, from iMotions, the program will tell you that there is already an existing study in the database.
- Click “yes” to continue and import the zip-file as a new study.
- In the study settings, you can give the study a new name, for example “Studyname_anonymized”.
- Right-click on the study in the library and select “Explore Folder”.
- Open the “Capture”-Folder to access all recorded videos. Videos starting with “r” contain face recordings from the respondent camera, with “s” recordings from the scene camera, and with “e” recordings from the environment camera.
- Delete all videos where the participant is visible. Inspect also all other data if they contain any kind of information that can make the participant identifiable.
- Export the edited study to a new zip-file and make sure that it is clearly labelled as the anonymized file.
- Delete the original study from the study library and delete also all export files apart from the anonymized file.
- NB: We recommend to try out this process with a pilot study.
- If your participants have consented to that you store their face recordings for a longer period, you can save them to a separate (encrypted) folder instead of deleting them. Would you then like to re-access face recordings, you can copy the them back in to the “Captures” folder.
Why do you need to export the study and delete the videos from the re-imported study? At first, you then have a backup of the original study in case that something goes wrong during data anonymization. Secondly, exporting your study to a zip-file might change participant-IDs which can cause troubles if you need to re-import the face recordings.
Please note: It is your responsibility to delete all data that can make your participant identifiable. This needs to be a mandatory step in your data cleaning routine. Please have in mind that also audio recordings, comments, survey results, scene or screen recordings etc. might contain personal information and also that certain kinds of biometric data can count as personal data.
Internal: Helpful links
“Where previously the rules defined personal data as anything that could be used to identify a “natural person”, under GDPR the definition is extended to include other metadata, including IP addresses, mobile IMEI numbers and SIM card IDs, as well as website cookies and biometric data.” https://www.computerweekly.com/feature/GDPR-brings-serious-implications-for-data-storage
If there is a data breach at iMotions we will assess if the personal data breach is likely to result in high risk to the rights and freedoms of the data subject (you). If yes, iMotions must notify (by email) with undue delay the affected data subjects (you). The data breach will be reported to the relevant authorities as well
iMotions does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, iMotions is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, iMotions reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to iMotions in its sole discretion.
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