Emotion AI – Privacy Policy

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Effective January 22, 2023

MorphCast Emotion AI – Privacy Policy

Cynny S.p.A. (“Cynny”), enrolled at the Business Registry of Florence, VAT number No. IT06340560488, D-U-N-S® number 434193325, is committed to maintaining the privacy and security of your personal data under the applicable privacy legislation, including the General Data Protection Regulation UE 2016/679 (“GDPR”). The contact details of Cynny are indicated within the “Questions?” section below. 

This Privacy Policy applies to the product MorphCast Emotion AI HTML5 SDK and/or the other available services and features that integrate it, e.g. MorphCast Emotion AI Web Apps, (the “Service”). This Privacy Policy explains Cynny’s collection and disclosure practices of the Business Users’ Personal Data (as defined below) of the companies or organizations using the Service (“Business Users”) to which the Service is exclusively addressed, as explained by the relevant Terms of Use, and applies solely to the Business Users’ Personal Data that we collect through the Service (and not also through the MorphCast website and/or other tools made available by Cynny not based on MorphCast Emotion AI HTML5 SDK). For the privacy regulation of other services offered by Cynny, including MorphCast Emotion AI Interactive Video Platform, you may refer to the other policies adopted by Cynny which may apply in this respect, as available here.  

Acceptance of Privacy Policy

By using the Service, you signify your acceptance of the relevant provisions of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Service.  Your continued use of the Service following the posting of changes to these terms will mean that you have accepted those changes.

Categories of Business Users’ Personal Data we collect and how we collect it

As for the modalities through which Cynny can collect the Business Users’ personal data (“Business Users’ Personal Data”), please note that such modalities are determined by your use of the Services. By way of example, you may provide your personal data through sending email in order to voluntarily contact Cynny, and through other interactions with the Services. Cynny processes the Business Users’ Personal Data, according to the terms of this Privacy Policy, as data controller. The specific categories of such Business Users’ Personal Data processed by Cynny consist of the following identifying information:

– You may provide personally identifiable information about yourself when you use the Service, by providing your name and other identifying information as for example: name and surname of the Business User or organization  and of any related administrative contact, email address, physical address and other unique identifier, financial and payment processing information, as well as daily statistical data on the use of the Service,  aggregated by reference pages in which the Service is implemented such as, by way of example and as far as applicable, by the license key assigned to each Business User pursuant to the Terms of Use of the Service as available here and the Terms of Use of MorphCast other services, as available here, domains and referring pages in which the Service has been implemented by the Business Users, number of times the Service has been requested, initialized, authorized and started, number of errors eventually occurred, number of frames analyzed and usage time spent using the Service.

– In the event that the Professional User initializes and uses the "Data Storage" module made available by the Service, Cynny also collects and makes it visible to the Professional User, statistical “emotional” data, aggregated daily, anonymous, not associated with natural persons, and therefore, to be considered currently not subject to any data protection regulation. For detailed information regarding such statistical data and the method of extraction and storage, please refer to the document at this link: Emotion AI – Privacy Disclaimer.

– As for the specific emotional analytics data, made available to Professional Users by the Service directly in the browser page or in the App of the Professional Users who integrated the Service (on their own domain or on their clients' domain), Cynny has no control over it, except for statistical purposes referred to in the previous paragraph. For detailed information regarding the method of extraction of such specific emotional analytics data, please refer to the document at this link: Emotion AI – Privacy Disclaimer.

– Cynny also collects personal data when users surf the MorphCast website via their browser’s cookies. In this case, please make reference to the Privacy Policy and the Cookie Policy available on such websites.

– In any case, Cynny will not collect any special categories of personal data, as defined by Article 9 of the GDPR.

Methods of processing Business Users’ Personal Data

Cynny will process Business Users’ Personal Data using manual, paper, computer, electronic and automated instruments, even to store, manage or process such Business Users’ Personal Data, suitable to ensure their security and confidentiality, according to the terms of this Privacy Policy and the applicable privacy legislation, including GDPR.  

Cynny will not sell, rent, license, or trade the Business Users’ Personal Data with third parties for their own direct marketing use unless we receive your express consent to do so.  Unless you give us permission to do so, Cynny will not share Business Users’ Personal Data, as collected through the use of the Service covered by this Privacy Policy, other than as specified in this Privacy Policy.

Purposes and legal basis of the processing of Business Users’ Personal Data 

We may use the Business Users’ Personal Data you provide to us, in compliance with the applicable privacy legislation, when you use the Service, in the following ways: 

  1. for the execution of pre-contractual and contractual obligations with the Business Users, including, without limitation, to allow us to provide you with a better service answering your requests and to quickly process your transactions. In this case, the legal basis for the processing of the Business Users’ Personal Data is the execution of an agreement of which you are part or, as applicable, the execution of pre-contractual measures adopted upon your request; 
  2. to comply with the obligations provided for by the laws, the regulations and, in general, by the law applicable from time to time, to fulfill fiscal and accounting obligations or other obligations deriving from an order of the Authority that are related, directly and/or indirectly, to the Service. In this case, the legal basis for the processing of the Business Users’ Personal Data is the fulfillment of a legal obligation of the data controller; 
  3. to exercise Cynny’s rights, including, but not limited to, the right to defence itself in Court and to carry out sale, assignment, merger or other transfer of all or a portion of Cynny’s business. In these cases, the legal basis for the processing of the Business Users’ Personal Data is the data controller’s legitimate interest.
  4. to send communications of promotional nature via email concerning the Service already purchased by the Business User and/or services similar to the same offered by Cynny ("Soft Spam Communications"); also in this case, the legal basis for the processing of the Business Users’ Personal Data is the data controller’s legitimate interest;
  5. to carry out direct marketing activities by sending newsletters. In this case the legal basis for the processing of the Business Users’ Personal Data is the consent that will be provided by the Business Users once they subscribe to the newsletter through the relevant consent form. 

The provision and processing of the Business Users’ Personal Data for the purposes under points a), b), and c) above is necessary for the provision of the Service and does not require your consent. Any refusal to provide the requested Business Users’ Personal Data or their inaccuracy could make it impossible for you to use the Service. 

It is acknowledged that the Business User may revoke his/her consent to receive the newsletter and/or communicate its intention to interrupt the delivery of Soft Spam Communications by sending an email to Cynny or by using the link found in each newsletter email or Soft Spam Communication, as indicated in the following section “Rights of the Business Users”. 

Data retention. The Business Users’ Personal Data that are collected for the purposes identified under the above-mentioned section “Purposes and legal basis of the processing of Business Users’ Personal Data” may be stored, in accordance with the proportionality principle, for the fulfillment of contractual and legal obligations, including those of a social security and/or tax nature, for a period not exceeding (i) the data retention period provided for by the regulations in force for each category of data, and (ii) the limitation period provided for by law in order to enforce or defend a legal claim against you or against third parties, provided that the Business Users’ Personal Data collected for the sending of newsletter for the purposes identified under letter e) above will be stored for a maximum period of 24 months unless Business Users withdraw their consent previously.

At the end of the above-mentioned data retention periods, the Business Users’ Personal Data will be deleted or made anonymous. 

The Business Users’ Personal Data of Business Users that delete their personal account, where applicable, will be no longer stored, unless such storage is specifically required by a legislative provision. 

Disclosures to Third Parties Assisting In Our Operations. Cynny may share the Business Users’ Personal Data under proper data processing agreements with other companies that work with, or on behalf of Cynny, to provide products and services, such as a cloud hosting service, a document storage company or payment processing services.  These companies shall have access only to the Business Users’ Personal Data that are necessary to carry out their duties and, in any case, shall process the Business Users’ Personal Data in accordance with this Privacy Policy, the relevant data processing agreement and the applicable privacy legislation. However, these companies do not have any independent right to share this information. 

Disclosures Under Special Circumstances.  As already indicated under the section above “Purposes and legal basis of the processing of Business Users’ Personal Data”, letter c), we may provide the Business Users’ Personal Data to respond to subpoenas, court orders, legal process or governmental regulations, or to establish or exercise our legal rights or defend against legal claims. We believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any Business User or any other person, or as otherwise required by law.

Referrals/Links

The Service may contain links to third-party websites that may offer information of interest. This Privacy Policy does not apply to those websites. Therefore, Cynny recommends you to review those websites’ privacy policies individually.

Security 

Cynny understands that storing data in a secure manner is essential. Cynny stores the Business Users’ Personal Data and other data using industry standard physical, technical and administrative safeguards to secure data against foreseeable risks, such as unauthorized use, access, disclosure, destruction or modification.  Please note, however, that while Cynny has endeavored to create secure and reliable Service for Business Users, the confidentiality of any communication or material transmitted to or from the Service or via e-mail cannot be guaranteed in case of breaches attributable to third parties or in any case outside of Cynny’s control.

Important Notices to European Business Users 

The provided Business Users’ Personal Data are stored within the European Union. However, considering that the Service is available worldwide, as a result of technical services provided by third parties, the Business Users’ Personal Data may be transferred also to third countries outside the European Union subject to the verification of the existence of appropriate measures to ensure that the above-mentioned Personal Data is adequately protected in the country of destination, such as the existence of an adequacy decision of the European Commission, the adoption of standard contractual clauses for the protection of personal data pursuant to Article 46, paragraph 2, letters c) and d) of GDPR, or the adoption of the binding corporate rules pursuant to Article 47 of GDPR. 

Rights of the Business Users

For EU regulation 2016/679: Articles 15, 16, 17, 18, 19, 20, 21, 22,

1. The data subject has the right to obtain confirmation as to whether or not personal data concerning him or her exist, regardless of their being already recorded, and disclosure of such data in intelligible form, and the right to lodge a complaint with the supervisory authority.

2. The data subject has the right to be informed of:

  1. the source of the personal data;
  2. the purposes and methods of processing;
  3. the logic applied if the data are processed by electronic devices;
  4. the identification data concerning the Data Controller, the Data Processors and the representative designated as per article 5, comma 2;
  5. the entities or categories of entity to whom or which the personal data may be disclosed and who or which may get to know said data as designated representative in the State's territory, as data processors or as persons in charge of the processing.

3. The data subject is entitled to obtain:

  1. the updating, rectification or, where interested therein, integration of the data;
  2. the erasure, anonymisation or blocking of data that have been unlawfully processed, including data whose retention is not necessary for the purposes for which they were collected or subsequently processed;
  3. certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were disclosed or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared to the right that is to be protected;
  4. the portability of the data.

4. The data subject has the right to object, in whole or in part:

  1. on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection;
  2. to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.

At any time, you may ask Cynny to verify and obtain access to the Business Users’ Personal Data that Cynny has collected in order to integrate, update, rectify, cancel or request the limitation of the processing of such data, or object to the processing (including the nature of the same in case of automated processing). You also have the right to receive the above-mentioned Personal Data in a readable and commonly used format, and have the right to transmit those data to another controller without any obstacle from Cynny. Business Users may also oppose the processing of Business Users’ Personal Data for the sending of newsletters as well as to refuse to continue receiving Soft Spam Communications. 

You can send your request via email to [email protected].

If you prefer, you can also mail your request to the following postal address: Cynny S.p.a., Via delle Mantellate n. 8, 50129 Firenze (Italy). 

With particular regard to newsletter emails or Soft Spam Communications, Business Users may object to receiving such communications also by clicking on the link contained in each newsletter email or Soft Spam Communication they have received. 

Pursuant to Article 13 of the GDPR, if you believe that the processing of the Business Users’ Personal Data infringes the legislation on the protection of personal data, you will also have the right to lodge a complaint with the competent Authority for the protection of personal data or, alternatively, appeal to the competent judicial authority.

Policy Updates

This Privacy Policy may be revised from time to time as we add new features and services, as laws change, and as industry privacy and security best practices evolve.  We display an effective date on the policy in the upper right corner of this Privacy Policy so that it will be easier for you to know when there has been a change. If we make any change to this Privacy Policy regarding use or disclosure of the Business Users’ Personal Data, we will provide advance notice through email reporting any changes to allow you to exercise your rights under the applicable privacy legislation. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice.

Questions? 

If you have any questions about this Privacy Policy or about Cynny’s handling of your Business Users’ Personal Data, please contact [email protected] or mail your request to the following postal address: Cynny S.p.a., Via Delle Mantellate n. 8, 50129 Firenze (Italy). 

You can use the contact details above also if you need to obtain a copy of the list of third parties to whom the Business Users’ Personal Data may be disclosed, pursuant to the terms of this Privacy Policy; this list is constantly updated and, together with a copy of the appropriate or suitable guarantees, is available at Cynny’s head office. 

Cynny has also appointed a Data Protection Officer, who may be reached at the email address [email protected].