Privacy Notice – Categories
Here is a summary of how we protect your (personal) data and respect your privacy when you fill out a Category Quiz:
Who are “we”?
Hello, we are the Swiss company “Profila GmbH” and have our offices at Mättliweg 10, 6353, Weggis, Lucerne, Switzerland (You can call us “Profila”).
What are “Categories” and “Quizzes”?
Categories are the best place for you to capture your preferences and sentiments on topics like Food & Drink, Fashion, Entertainment, and many more. Within Categories, you can share Moments and complete Quizzes. A Quiz is an enjoyable and interactive way for you to capture your preferences and thoughts via text- or picture-based questionnaires. Quiz data may also be requested by Brands as part of a Subscription, if you choose to accept a Subscription Offer from a Brand.
Is personal data captured when I take a Quiz? Not always but be careful when you do!
“personal data” means any information that relates to you as an identified or identifiable living individual. This can be your name and surname, home address, email address, identification card number and location data.
If you fill out a Quiz, there is normally no personal data included. E.g. you are asked whether you like a fancy 5-star hotel or a mountain chalet. The response is not considered personal data.
However, it is possible that when you take a Quiz, you also capture some personal data, e.g. when you select that you are a vegetarian or a vegan. Please be careful when you include personal data in your moments, because this information will be shared with Brands that you send the Moment to.
Who is responsible for any personal data that you would capture when you fill out a Quiz as part of a Category? We both are! Unless you share it with a Brand.
This depends whether you share certain Quiz results as part of a Category with a Brand, or whether you just save it in your My Profila section as part of a Category.
Scenario 1 – a Quiz is not shared with a Brand but only saved in a Category
As long as the Quiz is not shared with any Brands as part of a Subscription Contract, Profila and yourself both controller of any personal data you captured because we both – for different purposes – make decisions around the use of any personal data that is being collected via a Category Quiz (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 Category is shared with one or more Brands
When you decide to share a Category with a specific Brands as part of a Subscription Contract, certain (personal) data that you filled out as part of a Quiz in this Category will also be shared with the Brand. 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.
Types of data collected
Our Category function in the Profila App allows you to fill out several gamified picture or slider-based Quizzes that help you define what you like about a certain category like Travel – Food – Fashion.
We will store your Quiz choices and results, as well as e.g. your customer ID or data that identifies you, and the time (hour/day) you took the Category, and the specific Category you filled in.
How we use your data– that depends on your choices and on which brand you share it with
We collect and use that data for the purpose of allowing you to store your preferences and sentiments about a certain Category and – if you choose – share this with Brands that you like as part of a Subscription Contract.
We do not access the Category nor share it with any third parties or brands without your knowledge.
What is the legal basis for processing this information?
The legal basis for processing any personal data that is included in the Quiz is the performance of a contract to which you are a party. This contract is the End User License Agreement or EULA that forms the agreement between yourself and Profila which arranges both our rights and responsibilities when you use the App and which you accepted upon your registration. The EULA can also be found in the “settings” part in the App.
The legal basis for the data transfer and data processing of your (personal) data (included e.g. in the Quizzes) by a Brand will be defined by such Brand and included in “privacy terms” section of the Subscription Offer they extend to you.
Third parties who process your data
The following services will help us keep the Profila App running by storing or processing your data on our behalf:
- Infrastructure & storage: Microsoft Azure; Mongo DB ; Azure Blob
- Analytics: Microsoft PowerBi
- Communication: Microsoft Dynamics; Twilio; SendGrid
- Identity and authentication: Microsoft Azure; 0365 Identity; JWT
- Payments & Financials: Stripe, Microsoft Dynamics, Uphold
- ERP and financial management: Microsoft Business Central
- Quiz in each Category: SurveyLegend
We have the necessary contracts in place with these third parties to ensure that they respect all privacy regulations and adequately secure and protect your data.
International Data Transfers
By default, we store your data local.
- If you are a Swiss or EU citizen or resident, we store your personal data in Switzerland.
- If you are a US citizen or resident, we store your personal data in the United States of America.
- If you are a Brazilian citizen or resident, we store your personal data in Brazil
If certain parts of your data are shared with third parties (as described above) who are not established in the EEA (for EU customers) or in the USA (for US customers), we make sure that any international transfer is covered by the necessary safeguards (e.g. standard contractual clauses, adequate level of protection).
Know Your Rights
You have the right to access, rectify and erase your personal data as well as to restrict or object the processing of your personal data. Besides that, you have the right to data portability. You also have the right to withdraw your consent for receiving further electronic communications. You can exercise these rights in many different ways:
- You can use the Privacy Dashboard in the App by clicking on the Profila heart logo in the upper rights corner, and click on the “rights” tab, then click on the “Profila” logo. All the rights will be displayed, and you can choose which one you would like to exercise:
- You can also send an e-mail to our Data Protection Coordinator via the Data Protection Contact Point at privacy@profila.com.
Finally, we inform you that you have the right to lodge a complaint with the relevant Data Protection Authority should any of your rights be violated. For a list of all Data Protection Authorities per region, see:
- For Europe: List of national data protection authorities in the EU
- For the USA: File a consumer complaint with the Federal Trade Commission
- For Switzerland: Federal Data Protection and Information Commissioner
For the sake of completeness your personal data will be processed in accordance with this privacy notice and our Privacy Policy.
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