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.

Email Optin Policy

When using our iMotions site you will be asked to opt in to receive email updates from us. You may unsubscribe at anytime by clicking on the “Unsubscribe from newsletter” link at the bottom of any email sent.

Your data will be stored up to 4 years to

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of iMotions. The collective work includes works that are licensed to iMotions. Copyright 2005, iMotions ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with iMotions or purchasing iMotions products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by iMotions. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of iMotions used in the site are trademarks or registered trademarks of iMotions.

Warranty Disclaimer

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.

Limitation of Liability

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.

Typographical Errors

In the event that a iMotions product is mistakenly listed at an incorrect price, iMotions reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. iMotions reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, iMotions shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

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.

Notice

iMotions may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to iMotions.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Copenhagen, Denmark., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of iMotions products or services) shall be in the state or federal courts located in Copenhagen, Denmark. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of iMotions products) must be commenced within one (1) year after the claim or cause of action arises. iMotions’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. iMotions may assign its rights and duties under this Agreement to any party at any time without notice to you.

Personal Data

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 info@imotions.com.

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

Desktop version

Disclaimer

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

Cloud version

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

Check here: https://ico.org.uk/media/about-the-ico/consultations/2013551/draft-gdpr-consent-guidance-for-consultation-201703.pdf

https://gdpr-info.eu/

Data Breach

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

Participation Disclaimer

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.

Indemnification

You agree to indemnify, defend, and hold harmless iMotions, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, iMotions may link to sites operated by third parties. However, even if the third party is affiliated with iMotions, iMotions has no control over these linked sites, all of which have separate privacy and data collection practices, independent of iMotions. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, iMotions seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).