This depends whether you share your Consumer Moment with a Brand, or whether you just save it in your My Profila section as part of a Category.

Scenario 1 – a Moment is saved in a Category

Profila and yourself are both (independent) controller of any personal data you captured via the App, because we both – for different purposes – make decisions around the use of the personal data that is being collected via a Moment (as part of “Consumer-Generated Data” as set out in the End User License Agreement).

In relation to Consumer-Generated Data, you are considered an independent controller to Profila for the following reasons:

–           Profila only determines the means (the “how”) of the Processing of Personal Data – by designing the App with its consumer-empowerment functionalities and by making the App available to the Consumer, and provides for the safe storage and security of Personal Data; The purpose for providing these functionalities (which Process Personal Data) is the overall operation of its App and Platform.

–           You as a Consumer are the only one who determines the purpose (the “why”) of the Processing of Personal Data – for example, which Personal Data to include in the App as Consumer-Generated Data (if any); how a Consumer’s Personal Data is managed; whether Data Rights are exercises and if so, to which Brand; whether any Personal Data gets shared as part of Consumer-Initiated Interactions, and if so, with which Brands and under which conditions; whether a Brand can send any Brand Moments and if so, the frequency thereof;

Scenario 2 – a Moment is shared with one or more Brands

When you decide to share (one or more) Moments with any Brands (as part of “Consumer-Initiated Interactions as set out in the End User License Agreement), the Brand becomes the controller of your personal data (including the data in each Moment you share). The brand will then be seen as the data controller.

Why is the brand responsible for your personal data? If you receive a Subscription Offer, it is the Brand that will decide which (personal) data they need, and for how long they need it (1day – 1 week – 1 month – 1-year etc). The brand will also decide how to use this (personal) data to send you personalized offers. From that moment, they decide the means and the purpose for processing this personal data.

Make sure to read the privacy terms that are included in “privacy terms” section of the Subscription Offer they extend to you. This will tell you more about how the Brand will use your personal data.