Privacy Notice – Moments
Here is a summary of how we protect your data and respect your privacy when you record a Moment:
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 is a “Moment”?
Consumer Moments are a great way to capture your sentiments anytime, on any topic, and share Brand feedback. A Consumer Moment is a photo or video that you can share in the App, to which you can attach a comment and/or an emoji to express your thoughts. Consumer Moments are one of the best ways that you can share your opinions directly with a Brand – once you capture a Consumer Moment, you can tag it to a Category, tag a relevant Brand, and then send it directly to the Brand. Subscribed Brand will be able to respond directly to your shared Consumer Moments, so you know that your feedback – good or bad – is being heard.
Is personal data captured when I take a Moment? 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 take a picture or video from a product, a service, a landscape etc, there is normally no personal data included. E.g. you take a picture of your new hiking shoes.
However, it is possible that when you take a Moment, you also capture some personal data, e.g. when you take a selfie as a Moment, the picture or video might contain information about yourself such as your ethnicity, age, gender, medical conditions etc. 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 use the Moments function? We both are! Unless you share it with a Brand.
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.
Types of data collected
When you take a picture or video of an object, a landscape, people (etc) (to which you can add a sentiment emoticon or text) via the Moments function, you can save it to one of your Categories (e.g. Travel – Food – Fashion) or share it with a Brand you like.
We will store this picture/video, the sentiment, the category in which you tag the picture (if any), the brand that you tag in the picture (if any), as well as your customer ID or data that identifies you, and the time (hour/day) you took the Moment.
How we use your data – that depends on your choices and on which brand you share it with
Option 1 – you save a Moment in a Category
We collect and use that (personal) data for the purpose of allowing you to fill out and optimize your Categories. We do not access the Moment nor share it with any third parties or brands.
Option 2 – you share a Moment with a Brand Connection
A Brand Connection is a brand that you added as a connection via the “+” button and the “add brand” function. If you choose to share a specific Moment with a Brand Connection – a brand that has not subscribed to you (yet) – we will only tell the Brand that a Profila user has feedback for them. We will not share any personal information about you (e.g. your name or the picture or video in the Moment) with that Brand. A Brand will not be able to have access to this specific Moment of your unless they send you a Subscription Offer, which you accept.
Option 3 – you share a Moment with a Brand Subscriber
A Brand Subscriber is a Brand that has sent you a Subscription Offer, which you accepted, and is subsequently receiving and using certain (personal) data in accordance with the Subscription Contract.
If you choose to share a Moment with Brand Subscriber as part of a Subscription Contract, such Brand will have access to the Moment, including any personal information such as your name. A Brand can then respond to your feedback by sending you their own Brand Moment.
What is the legal basis for processing this information?
The legal basis for processing any personal data that is included in a specific Moment 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 a specific Moment) 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:
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 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 can exercise these rights in many different ways:
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: