Privacy Policy

Privacy and Cookies Policy

Attently Inc. (“Attently”) conducts market research to help improve web content and online advertising for its customers. Our proprietary software is used to track facial features of people who choose to participate in our studies and to analyze their emotional and attentional response to on-screen media.

While Attently is committed to making the participant experience as natural and as unobtrusive as possible, we also take seriously the privacy of participants in our studies. Attently is established in the United States of America (at 1424 11th Ave Ste 400, Seattle, WA 98122 , contact: [email protected]), and we comply with the data protection requirements of the United States.

Our Privacy Policy tells you how we look after and use the Personal Information (see definition below) that we collect from participants through our Attently services, as well as information that we collect through our websites at www.Attentlyaudience.com and www.Attently.io (collectively known as “website” or “the website”). Attently is the data controller for the data we collect. Please read this Privacy and Cookies Policy (“Policy’) carefully. When you participate in one of our studies and/or use our Website, you are agreeing to this Policy.

If you are a European Union (EU) resident, please note that there are a number of provisions in this privacy policy that apply uniquely to you.

Safeguarding your privacy is of the utmost importance.

  1. Attently has a strict opt-in research policy. We only collect study data (including the data derived from facial analysis) from participants who have given their explicit consent by allowing access to their webcam prior to each media viewing session.
  2. Any Personal Information that we collect from you will be treated as confidential through the implementation of security measures.
  3. We do not share study data with our customers in a way that allows for the identification of any specific individual who participates in our studies.
  4. You have the ability to, at any time, turn off the data collection process through any of the following means: by setting the toggle button within the Attently Audience Extension to the ‘Off’ Position, by uninstalling the Attently Audience Extension, by turning off your webcam, by pausing video playback, or by navigating away from a supported site (as of 27 March 2019, supported sites include Hulu.com and YouTube.com).

What does Personal Information mean?
Personal Information means anything that can be used to identify you, including facial recordings and IP addresses that we collect as you participate in our study or information that we collect from users of our website or our services.
If you do not agree with our Policy, please do not participate in Attently market research studies currently or use our website.

Data security is our priority

All Personal Information will be stored in a secure location within the United States of America. We use industry standard technical and organizational security measures to protect your data against unauthorized disclosure or processing. These measures vary depending on the sensitivity of the information we have collected from you. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is absolutely secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

What Personal Information do we collect?

When you use our Website, we and third parties may also use automated means to collect information about you, your computer or other device and your use of our Website. For instance, our web servers may collect and log information such as the type of device, operating system and browser you use when accessing our Website, and other system settings, such as language your system uses and the country and time zone where your device is located. Our web server may also record the address of the web page that referred you to our Website and the IP address of the device you use connect to our Website.

We also may collect any other information that you choose to provide when using our Website or our services. For instance, if you choose to create an account on our website, we will collect your name, company name, job title and email address. Creating an account will provide you the possibility to access advanced content, which can include viewing our white papers presentations and to demo the Attently services.

How we will use your Personal Information?

The General Data Protection Regulation (“GDPR”) requires data collectors, such as Attently, to have a legal basis to use the personal data of EU residents. Therefore, this section shall apply to any such personal data collected by us.

The legal basis for processing your personal data is your consent. In certain circumstances we may otherwise process your personal data if we have a legitimate interest in doing so and we are not infringing any of your rights and freedoms.

Attently specializes in market research and measures how people feel when they view on-screen media. We analyze these reactions to help our customers improve their content and advertising. Your participation in our studies is voluntary and highly valued. The information that we share with our customers is anonymized and does not individually identify any study participants. Unless you consent, Attently will not share your Personal Information with third parties for marketing purposes.

Attently may use anonymized and de-identified study data to assess quality assurance and to help improve software and reporting capabilities.

Attently may use information collected from users of our Website to analyze the effectiveness of our Website.

If you create an account on our website and if you provide your consent for Attently to contact you, Attently may use your personal information to contact you and to ensure that the Website and services work correctly and to offer you support. The personal information might be needed also in case our registered users have issues with the Attently services or website.

Attently will not use users’ personal information for any other purpose without your consent or legal obligation to do so.

Who do we share your Personal Information with?

Attently may share your information in limited ways in order to provide our services:

• We work with trusted partners (Amazon AWS, Google, PayPal, and Hubspot) to perform tasks on our behalf and we may need to disclose Personal Information to them so that they can perform these tasks. However, these companies are bound by confidentiality obligations and do not have any independent right to use Personal Information beyond what is necessary to assist us in order to provide our services.

• We may share your Personal Information, where appropriate, with any member of our group of companies who are involved in delivering our services. Any disclosure will be in accordance with data protection regulations and you consent to share your Personal Information with our group companies on this limited basis.

• We may share your Personal Information when we believe that doing so is necessary to protect, enforce, or defend the legal rights, privacy, safety, or property of Attently, our employees or agents or users, or to comply with applicable law or legal process, including responding to requests from public and government authorities.

• You agree that, if there is a change in the ownership of Attently or any of our assets, such as in connection with a merger, acquisition, reorganization, dissolution or liquidation), or if we take steps in anticipation of such a transaction, we may transfer and disclose Personal Information we have collected to the new or prospective company, subject always to the data protection regulations.

• We may share anonymized, aggregated or de-identified data without restriction.

• In addition to the sharing described in this Privacy Policy, we may share information about you with third parties whenever you consent to or direct such sharing.

How long do you keep this Personal Information for?

We store Personal Information for as long as it is required for our research and business purposes and as required by law. When Personal Information is no longer required, we will delete it from our systems.

Cookies

Cookies are small text files that we place on your computer or device to allow us to track our research and assess participant behaviour information. We use third party service providers to track usage and interaction with the media players that are used to measure responses to advertisements. Our cookies are deleted after 13 months.

We also may use service providers like Google Analytics and Hubspot to help us analyze how users use our Website. The information collected by the technology will be disclosed to or collected directly by these service providers. To prevent Google Analytics from using information for analytics, a user may install the Google Analytics Opt-Out Browser Add-on by clicking here.
To find out more about cookies and how to delete them, please visit http://www.aboutcookies.org.uk/managing-cookies

If you consent to taking part in our study, you will install an extension on your browser to which you will login. This login enables us to identify you in case you wish to see the data we hold of you. We require you to authenticate using this login in case you wish to access the participant records we hold of you.

If you opt out of participating in our study, we will place a cookie on your computer as it is required to remember your choice (the sole purpose of that cookie). If you delete your cookies from your browser, you will also be deleting your opt out and you may be asked to participate in our study again.

We do not have access to and this Policy does not govern the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of ad targeting as described below.

However, to the extent that any cookie can uniquely identify a computer, mobile device, or tablet (“Device”), or the person using that Device, and you are a EU resident, under the GDPR, this is personal data. Therefore, this privacy policy shall apply to such personal data collected by us.

Do-Not-Track Signals and Similar Mechanisms

We do not recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations, and solutions.

Third Party Links and Services

Our website may contain links to third-party websites such as social media sites, and may also contain third-party plug-ins (such as the Facebook “like” button and Twitter “follow” button). If you choose to use these sites or features, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function.

Child Protection

Attently does not knowingly obtain information, study data, or survey responses from participants under the age of 18, unless we obtain the required consent. Should we discover that any data has been collected from a participant under the age of 18, without the required consent, we will immediately delete it.

International transfer of Personal Information

We may transfer your Personal Information to countries outside of the United States, (such as the European Union) but only to companies we trust. This includes carefully selected business partners that are certified as compliant with the EU-US Privacy Shield Framework or equivalent protections. We do this for our data management and business purposes, in particular, for outsourced data processing by organizations on our behalf and in accordance with the stated aim of the data processing. We take appropriate steps to ensure your information is adequately protected. If you do not agree to this, please do not use our services.

Access to changes to your Personal Information
If you want to see, change or delete your Personal Information, contact us at [email protected] under the subject heading “Privacy Policy”. In certain jurisdictions, you may be entitled to request access to Personal Information we hold, by writing to us. A small fee may be charged for this service, to cover administrative costs.

Notice to California Residents — Your California Privacy Rights

Attently does not disclose your “personal information” (as such term is defined by the California Shine the Light Law – California Civil Code 1798.83) to third parties for the purpose of directly marketing their services to you unless you first agree to such disclosure. If you are a California resident, you have the right, pursuant to Section 1798.83 of the California Civil Code, to receive once a year, free of charge: (1) information identifying each third party company to whom we may have disclosed, within the past year, personal information pertaining to you for that company’s direct marketing purposes; and (2) a description of the categories of personal information disclosed to that third party company in the immediately preceding calendar year. If you are a California resident and would like to make this request, please contact us by e-mail at [email protected] In addition, please refer to the section of this Privacy Statement entitled “Who do we share your Personal Information with”.

Your rights under the GDPR

Please contact [email protected] for applications regarding your personal data. If you took part in our surveys, we can only identify your personal data using your login information that you set up when you first installed the Attently Audience extension. If you cannot be identified, Attently is not able to identify your data to fulfil your request.

• Right of rectification

You can have your personal data rectified at any time, in case it is inaccurate or incomplete. You should notify us to correct or update your personal data. You can notify us at any time at [email protected]

• Right of erasure

You can request to delete your personal data at any time by contacting us at [email protected]

• Right to restrict processing

In certain circumstances, you have a right to restrict or block us from processing your personal data.

• Right to withdraw your consent

If the processing is done based on your consent, you have the right to withdraw your consent to processing of your personal data at any time by contacting us at [email protected]

• Right to data portability

You have a right to request the personal data from us and reuse this data for other services.

• Right to object

At any given time, you have a right to object to the processing of your personal data.

• Right related to automation

You are protected from automated decision-making processes.

Complaints

The Policy is governed by legislation of the State of Alaska.
If you have any concerns with the way we process or handle your data, we would encourage you to contact us directly to resolve your concerns. If you believe you have suffered harm due to a breach of your rights by us under this Privacy Policy, and we have not handled your complaint in a reasonably sufficient manner, any EU resident may also file a complaint in accordance with Article 77 of the GDPR, with a supervisory authority, in particular in the Member State of your habitual residence, place of work or of an alleged infringement of the GDPR.

Contacting us

Please contact us if you have any comments or questions about information that we hold or about our Privacy Policy.

• Send an email to [email protected] under the subject heading “Privacy Policy”

• Write to us at 1424 11th Ave Ste 400, Seattle, WA 98122, United States of America

Changes to our Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of changes by posting an announcement on our service or website. You are bound by any changes to our Privacy Policy when you use our service after you are notified (by an announcement on our service or website) of these changes.

Last updated: 27 March 2019

Thank you.