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Testing Software Specific Privacy Policy

How does eye square implement the principles of privacy and data protection in practice when conducting market and social research surveys?

eye square is committed to protecting and respecting your privacy. As a global business, eye square is committed your privacy, and our obligations under the data protection laws which apply in your region (such as the General Data Protection Regulation (GDPR) or the California Consumer Protection Act (CCPA)).

The Professional Association of German Market and Social Researchers (Berufsverband Deutscher Markt- und Sozialforscher e. V.) (BVM) and the Working Group of German Market and Social Research Institutes (Arbeitskreis deutscher Markt- und Sozialforschungsinstitute e.V. (ADM) have joined forces with the Association of Social Science Institutes (Arbeitsgemeinschaft Sozialwissenschaftlicher Institute e. V.) (ASI), and the German Society for Online Research (Deutsche Gesellschaft für Online-Forschung e. V.) (DGOF) to issue guidelines that define our activities and which we consider to be mandatory for our work. They set out how the requirements of privacy and data protection should be translated into the practice of market and social research.

The professional standards include e.g. the ICC/ESOMAR “International Code on Market and Social Research” referred to in short as the ESOMAR code, and the ESOMAR guidelines issued by ESOMAR for various areas of market and social research. For details, please refer e.g. to:

 

https://esomar.org/uploads/attachments/ckqtawvjq00uukdtrhst5sk9u-iccesomar-international-code-english.pdf

 

The above-mentioned German institutes and professional associations have also issued a “Declaration for the territory of the Federal Republic of Germany concerning the ICC/ESOMAR International Code of Market and Social Research” which modifies some of the provisions of the ESOMAR Code.

 

https://www.adm-ev.de/en/standards-guidelines/

Privacy Policy in Accordance with GDPR

I. Name and Address of the Data Controller

 

The data controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the Member States of the EU as well as other data protection like the California Consumer Protection Act (CCPA) provisions is:

 

eye square GmbH
Schlesische Strasse 29-30
10997 Berlin
Germany
Tel.: +4930698144-0
Email: dataprotection@eye-eye-square.com
Website: www.eye-square.com

 


II. Name and Address of the Data Protection Officer

 

The data protection officer of the data controller is:

Lena Ludwig
PSW GROUP Consulting GmbH & Co. KG
Flemingstr. 20-22 . 36041 Fulda . Hessen . Germany
Tel.: +49(0)661/480276-24
Email: ll@psw.net
Website: www.psw.net

 


III. General Information about Data Processing

 

1. Scope of Processing of Personal Data

 

In principle, we only process personal data of our users to the extent necessary to offer a working website and our content and services. We only routinely process personal data of our users with the user’s consent. This does not apply to cases where prior consent cannot be obtained for factual reasons and the processing of data is permitted by law.

 

2. Legal Basis for the Processing of Personal Data

 

The legal basis for data processing where we have obtained consent from the data subject is Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) or the law which applies in you region (such as CCPA).

 

Where the processing is necessary for the performance of a contract to which the data subject is a party, the legal basis will be Article 6 (1) (b) GDPR. This also applies to processing necessary to implement pre-contractual measures.

 

Where processing is necessary for compliance with a legal obligation to which our company is subject, the legal basis for processing will be Article 6 (1) (c) GDPR.

 

The legal basis for processing necessary to protect the vital interests of the data subject or of another natural person is Article 6 (1) (d) GDPR.

 

Where processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party and such interests are not overridden by the interests or fundamental rights and freedoms of the data subject, the legal basis for processing will be Article 6 (1) (f) GDPR.

 

3. Data Erasure and Length of Storage

 

The personal data of the data subject will be deleted or blocked as soon as the data is no longer required for the purpose for which it was originally stored. In addition, such storage may be provided for by Union or national laws, regulations or other provisions to which the controller is subject. The data will also be blocked or erased upon expiry of the storage period prescribed by the laws and regulations specified above, unless there is a need to continue storing the data for purposes of contract conclusion or performance.

 


IV. Website Provisioning and Creation of LOG Files

 

1. Description and Scope of Data Processing

 

Every time you visit our website, our system automatically collects data and information from the computer system of the calling computer.

 

The following data is collected:

  • Information about the browser type and version used
  • User’s operating system
  • Internet service provider of the user
  • Country, date and time of access
  • Websites from which the user accessed our website
  • Websites accessed by the user’s system via our website

 

The data is also stored in the log files of our system. This does not affect the IP address of the user or other data that allows the data to be linked to any particular user. This data is not stored together with other personal data of the user.

 

2. LEGAL BASIS FOR DATA PROCESSING

 

The legal basis for temporary storage of data is Article 6 (1) (f) GDPR.

 

3. Purpose of Data Processing

 

In accordance with Article 6 (1) (f), our legitimate interest lies in the processing of data for the above purposes.

 

4. Duration of Storage

 

The data will be erased as soon as it is no longer required for the purpose for which it was originally collected. Where the data is collected for the purpose of providing the website, the data will be deleted at the end of the respective session.

 

5. Available Remedies

 

The collection of data for website provisioning and storage of data in log files is necessary for the functioning of the website. Users can disable tracking by electing to “reject” the cookie when first accessing the website.

 

6. Information on data transfer to the USA

 

Our website includes tools from companies based in the United States. If these tools are active, your personal data may be transferred to the US company servers. We would like to inform you that the United States is not a safe third country in relation to EU data protection law. American companies are obliged to release personal data to security authorities without you, as the person concerned, being able to take legal action against this. Therefore, it cannot be avoided that US authorities (e.g. secret services) may process, evaluate, and permanently store your data on US servers for monitoring purposes. We have no influence on these processing activities.

 

7. Revocation of your consent due to data processing

 

Many data processing operations are only possible with your expressed consent. You can revoke any consent already given at any time. The legality of the data processing carried out up to the time of revocation remains unaffected by the revocation.

 


V. Use of YouTube Data API

 

eye square In Context solutions use YouTube data API to provide an authentic experience of the YouTube test environment. The following terms of service and privacy policy of YouTube/Google apply: https://www.youtube.com/static?template=terms and https://policies.google.com/privacy

 


VI. CONTACT FORM AND EMAIL ADDRESS

 

1. Description and Scope of Data Processing

 

On our website, we offer a contact form, which can be used to contact us online. Where users take advantage of this option, the data they enter into the form will be transmitted to us and stored. These data include:

 

The following is a list of data collected through the entry form

At the time of sending the message, the following data is also stored:

 

The following is a list of the relevant data.

 

  • User/company name and email address
  • Date and time of registration

 

To process the data, we obtain the consent from the user during the sending process, while referring to this privacy policy.

 

Alternatively, you can use the email address provided to contact us. In this case, the user’s personal data transmitted by email will be stored.

 

We do not pass this data on to third parties. Such data will only be used to process the communication.

 

2. Legal Basis for Data Processing

 

The legal basis for the processing of data where the user has given consent to the processing is Article 6 (1) (a) GDPR.

 

The legal basis for the processing of data transmitted when an email is sent is Article 6 (1) (f) GDPR. If the purpose of the email is to conclude a contract, then the additional basis for the processing of data will be Article 6 (1) (b) GDPR.

 

3. Purpose of Data Processing

 

We process the data entered into the contact form solely to process the communication. In the event of contact by email, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the sending process is used to prevent misuse of the contact form and to ensure the security of our information technology systems.

 

4. Duration of Storage

 

The data will be erased as soon as it is no longer required for the purpose for which it was originally collected. For personal data from the input mask of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation ends when the circumstances indicate that the matter in question has been definitely resolved.

The additional personal data collected during the sending process will be deleted at the latest after seven days.

 

5. Available Remedies

 

Users are entitled to withdraw their consent to the processing of personal data at any time. Users who contact us by email can object to the storage of their personal data at any time. In this case, the parties will no longer be able to engage in further communications.

 

Below, we describe under what circumstances is it possible to withdraw consent and/or object to storage.

 

All personal data stored when communicating with us will be erased as a result.

 


VII. RIGHTS OF THE DATA SUBJECT

 

Below, we provide information about the rights of data subjects under GDPR. As there is no need to mention rights that are not relevant to our website, the list can be reduced.

 

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights in relation to the data controller:

 

1. Right of Access

 

You have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed.

 

Where that is the case, you may request the following information from the data controller:

 

(1) the purposes of the processing of personal data;

(2) the categories of personal data processed;

(3) the recipients or categories of recipient to whom the personal data have been or will be disclosed;

(4) the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

(5) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the user or to object to such processing;

(6) the right to lodge a complaint with a supervisory authority;

(7) where the personal data are not collected from the data subject, any available information as to their source;

(8) the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

 

You have the right to request information as to whether the personal data concerning you are transferred to a third country or to an international organisation. In this regard, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.

 

2. Right to Rectification

 

You have the right to have inaccurate and or incomplete personal data rectified and/or completed without undue delay.

 

3. Right to Restriction of Processing

 

You have the right to obtain from the controller restriction of processing of personal data where one of the following applies:

 

(1) you contest the accuracy of the personal data for a period enabling the controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;

(3) the controller no longer needs the personal data for the purposes of the processing, but you require the data for the establishment, exercise or defence of legal claims, or

(4) you have objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override your interests.

 

Where processing of your personal data has been restricted, such personal data shall, with the exception of storage, only be processed with the user’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

 

If the processing has been restricted under the above conditions, you shall be notified by the controller before the restriction is lifted.

 

4. Right to Erasure

 

A) ERASURE OBLIGATION

 

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase this data without undue delay where one of the following grounds applies:

 

(1) The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed

(2) You withdraw consent on which the processing is based according to Article 6 (1) (a), or Article 9 (2) (a) GDPR, and where there is no other legal ground for the processing.

(3) You object to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 (2) GDPR.

(4) The personal data have been unlawfully processed.

(5) The personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

(6) The personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.

 

B) Obligation to Inform third Parties

 

Where the controller has made the personal data public and is obliged pursuant to Article 17 (1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

 

C) Exemptions

 

The right to erasure does not apply to the extent that processing is necessary

 

(1) for exercising the right of freedom of expression and information;

(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3) for reasons of public interest in the area of public health in accordance with Article 9 (2) (h) and (i) as well as Article 9 (3) GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) GDPR in so far as the right referred to in paragraph (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(5) for the establishment, exercise or defence of legal claims.

 

5. Right to Receive Information

 

If you have exercised your rights with respect to rectification or erasure of personal data or restriction of processing, the controller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

 

You are entitled to receive information about those recipients from the controller.

 

6. Right to Data Portability

 

You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where

 

(1) the processing is based on consent pursuant to Article 6 (1) (a), or Article 9 (2) (a) GDPR or on a contract pursuant to Article 6 (1) (b) GDPR, and

(2) the processing is carried out by automated means.

 

In exercising this right, you also have the right to have the personal data transmitted directly from one controller to another, where technically feasible. These rights shall not adversely affect the rights and freedoms of others.

 

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

 

7. Right to Object

 

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6 (1) (e) or (f) GDPR, including profiling based on those provisions.

 

The controller shall no longer process your personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

 

Where personal data are processed for direct marketing purposes, you will have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

 

If you object to processing for direct marketing purposes, the personal data will no longer be processed for such purposes.

 

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

 

8. Right to Withdraw Consent to Data Processing

 

You have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

 

9. Automated Individual Decision-Making, Including Profiling

 

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

 

(1) is necessary for entering into, or performance of, a contract between you and the data controller,

(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or

(3) is based on your explicit consent.

 

However, these decisions may not be based on special categories of personal data referred to in Article 9 (1) GDPR, unless point (a) or (g) of Article 9 (2) applies and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.

 

In the cases referred to in points (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

 

10. RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY

 

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes GDPR.

 

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.

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