3. What kind of personal data does empatica collect about the user?
Other Information. Empatica automatically collects the following information via Embrace and the App, whenever the User's device is connected to the Internet:
- Physiological Information. Embrace tracks, in real-time skin conductance, temperature, movement, and acceleration as well as heart rate and other physiological information from the Embrace sensor information (the "Special Categories of Personal Data"). This information is transmitted, automatically, from Embrace to the App, using Bluetooth®, and then from the App to Empatica via the User's mobile device’s WiFi connection or other cellular network.
- Personal Health Information - you may choose to use certain features of the MATE that will allow you to input other Personal Information with respect to your health, such as the medications you take, how often you take your medication, and dosage (collectively your “Health Information”).
- Technical Information. Empatica also collects other technical information such as IP address, Embrace identifier, geolocation information (which is collected exclusively when the Service detects a distress), the dates and times of access to the App, the phone/device type, as well as the software version, operating system, Bluetooth® and WiFi settings (On/Off).
4. How does empatica use the user's personal data?
a) the provision of the services available through Embrace and the App, including the billing of the relevant fees, gathering activity information;
b) the provision to the User of customer support and technical assistance, including the delivery of communications relating to the provision of the services through Embrace;
c) the measurement of the service quality and relevant metrics provided through Embrace and the App;
d) the management of complaints and disputes;
e) the performance of the activities necessary to ensure compliance with the applicable national/EU laws and/or respond to request from public and government authorities (the purposes from letters a) to e) are jointly referred to as "Contractual Purposes");
f) the performance of credit recovery procedures and credit assignment to authorized companies, also by means of third parties;
g) the performance of tests, updates, and developments of Embrace, the App and more in general the services provided by Empatica, in order to optimize the services provided to the User also by way of machine learning systems and artificial intelligence provided that the process of personal data, albeit limited to the necessary, is essential in order to carry out such tests activities;
h) the performance of technical assessment and due diligence activities by third parties such as acquirers and/or their advisors for a potential merger, sale of assets or transfer of all or a material part of its business, by disclosing and transferring the Client's personal data to the third party or parties involved in the transaction as part of the transaction; (the purposes of letters from f) to h) above are jointly referred to as "Legitimate Interest Purposes");
i) the delivery of direct marketing communications concerning products and services of Empatica (e.g., sending of advertising materials, market researches). The communications, may be sent by both automated (e.g., SMS, MMS, fax, calling systems, email and web applications) and traditional (e.g., calls by human operators) means of contact;
j) the delivery of marketing communications customized on the User's interests and needs by means of the channels of communication set out under letter i) above;
5. On what legal basis does empatica process the User's personal data?
- * for the performance of the contract regarding the provision of the requested Services with regard to the cases as per Section 4 letters from a) to d); and
- * in order to comply with provisions as provided by the applicable laws as per Section 4 letter e).
Should the User not provide its personal data with regard to the Contractual Purposes, Empatica will not be able to provide the Services to the User.
In addition to the above, with reference to the collection of Special Categories of Data processed for Contractual Purposes Empatica will collect the User's consent. However if the User does not provide its consent to the processing of Special Categories of Data Empatica will not be able to provide the Services.
6. How does empatica process the user's personal data?
7. Who can have access to the User's personal data?
For the Marketing Purposes, personal data may be transferred to the following categories of recipients located both within the EU and, within the limits as per Section 8 below, outside of the EU: (a) third parties service providers entrusted with processing activities that provide services or assistance with regard to the delivery of marketing communications, (b) companies of the Empatica group.
A complete list of the data processor is available upon request through the modalities as per Section 9 below.
8. Is the User's personal data transferred abroad?
9. Data retention periods applying to the User's personal data
data collected for Contractual Purposes and for Legitimate Interest Purposes is retained during the provision of the Services plus a period of 10 years after the termination or withdrawal from the contract with Empatica, except when the detention of the data is necessary to respond or to file legal actions, upon request of the competent authorities or in compliance with the applicable laws;
10. What are the user's rights with regard to personal data?
(a) to obtain from Empatica confirmation of the existence of personal data and to be informed of its content and source, verify its accuracy and request its integration, update or amendment;
(b) request the erasure, anonymisation or restriction of the processing of personal data processed in breach of the applicable laws;
(c) object in whole or in part, on legitimate grounds, to the processing of the data;
(d) to withdraw the consent to the processing of the data (if and to the extent such a consent is necessary).
request Empatica to limit the processing of the User’s personal data where:
- * the User contests the accuracy of the personal data until Empatica has taken sufficient steps to correct or verify its accuracy;
- * the processing is unlawful but you do not want us to erase the User’s personal data;
- * Empatica no longer needs the User’s personal data for the purposes of the processing, but the User requires them for the establishment, exercise, or defense of legal claims; or
- * The User has objected to processing justified on legitimate interests, pending verification as to whether Empatica has compelling legitimate grounds to continue processing.
object to the processing of the User’s personal data;
request the erasure of the User's personal data without undue delay;
receive an electronic copy of the User's personal data, if the User would like to export its personal data to itself or a different provider, when Empatica is relying upon the User's consent or the fact that the processing is necessary for the provision of the Services and the personal data is processed by automatic means; and
lodge a complaint with the relevant data protection supervisory authority.