Privacy Statement

Here is a brief summary of our Privacy Statement. We encourage you to read it in full.

This Privacy Statement applies to Emotionise AI.

References to “We”, “Us” the “Company” and “Emotionise” shall apply to the company in the group that is processing your Personal Data.

We create bespoke AI communications models for enterprise, that focus on emotional intelligence. We do this through the use of our Emotionally Intelligent AI Model- EIMEAR.

In order to provide our services, we need to process Personal Data. This statement covers our processing activities where we are a Controller of Personal Data.

We generally operate as a Processor of Personal Data when processing Personal Data of end users of EIMEAR. We are committed to protecting the personal data rights of individuals in accordance with global Privacy legislation including the General Privacy Regulation in Europe (the “GDPR”).

“Personal Data” means data which identifies a person or could identify a person, such as their name, contact details and financial data. It applies to Personal Data that we process in connection with
your relationship with us as a customer, supplier, partner, investor, visitor to our website or prospective employee.

Every individual has a right to understand how their Personal Data is being used and to exercise control over it using Privacy rights which are set out in the General Privacy Regulation (“GDPR”). This Privacy Statement seeks to ensure that you know:

● what Personal Data we collect from you
● what we are doing with your Personal Data
● that we will only use your Personal Data for the purposes set out in our Privacy Statement
● your rights, and how you can exercise control over your Personal Data

We make the following commitments. We will:
● not send you marketing emails if you do not want to receive them

● always ensure that we only share your Personal Data with third parties where absolutely necessary and with appropriate safeguards in place

● ensure appropriate technical and organisational measures are in place to protect your Personal Data and keep it secure

You can access our full Privacy Statement here. In it we provide further information about what Personal Data we collect, what we use it for, why we collect it and what our legal basis is, who we
share it with and how long we retain it. We also provide detailed information about your rights in relation to your Personal Data. If you have further questions, please get in touch with us using the
contact details above.

You have the right to lodge a complaint with your supervisory authority, in the country where you reside, place of work or place of the alleged infringement if you consider we are not processing your
Personal Data in compliance with the GDPR.

The contact details for the regulator in Ireland, the Data Protection Commission (DPC) are:

 

Online Form: https://forms.dataprotection.ie/contact

Address: 21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland

Tel: +353 578 684 800 or +353 761 104 800

Last Reviewed Date: September 2024

1. About Us

This Privacy Statement applies to Emotionise AI. References to “We”, “Us” the “Company” and “Emotionise” shall apply to the company in the group that is processing your Personal Data.

We create bespoke AI communications models for enterprise, that focus on emotional intelligence. We do this through the use of our Emotionally Intelligent AI Model- EIMEAR.

In order to provide our services, we need to process Personal Data.
This statement covers our processing activities where we are a Controller of Personal Data. We generally operate as a Processor of Personal Data when processing Personal Data of end users of
EIMEAR.

We are committed to protecting the rights personal data of individuals in accordance with Privacy legislation including the General Privacy Regulation in Europe (the “GDPR”).

2. Contact Details

If you have any questions about this Privacy Statement or the way in which your Personal Data is being used by us, please contact:

Email: [email protected]

3. The Purpose Of This Privacy Statement

This Privacy Statement applies to Personal Data. The definition of Personal Data is as follows:

“Personal Data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental,
economic, cultural or social identity of that natural person.

This Privacy Statement describes our approach to Privacy and sets out the basis on which any Personal Data we collect from you, or that you provide to us, will be used by us where we are controllers of that Personal Data for the purposes of the GDPR. Please read this Privacy Statement carefully to understand our views and practices regarding the Personal Data we collect, as controllers under the GDPR, and how we will treat it.

4. Who This Privacy Statement Applies To

This Privacy Statement provides specific information relating to the following individuals whose Personal Data we process:

(i) business contact data including our customers, suppliers, partners, shareholders, investors and business prospects “Business Contacts”;
(ii) prospective employees/those applying for jobs with Us “Candidates”; and
(iii) users/guests of our Website “Website Users”.

Personal Data of employees of the Company is dealt with in a separate internal Data Protection Notice.

5. Sources Of Personal Data

BUSINESS CONTACT PERSONAL DATA

We collect Business Contact Personal Data from our business contacts including – customers, suppliers, partners, shareholders, investors and business prospects.

We source Business Contact Personal Data in order to serve the business relationship. We will only ever source Personal Data that is necessary and in a way that would be generally expected.

We receive Personal Data about Business Contacts from a variety of sources, as follows:

● the Personal Data is often provided by the Business Contact as part of the business relationship;
● the Personal Data may be collected from public sources like LinkedIn;
● the Personal Data may be collected indirectly from another person within the company of the
Business Contact;
● the Personal Data may be collected through our website;
● the Personal Data may be collected indirectly from a website or from a third party.

CANDIDATE PERSONAL DATA

We will only ever source Personal Data in a way that would be generally expected. We receive Personal Data relating to Candidates from a variety of sources. The primary source is from Candidates directly. Examples of the sources of Personal Data of Candidates are as follows:

● the Candidate may send a speculative CV to us with the intention of registering with us to be informed of potential job vacancies;
● the Candidate may apply directly to a position advertised on our website;
● the Candidate may be referred to us from an agency or by an individual; or
● the Candidate may apply to a position advertised on a third-party jobs’ website.

WEB DATA

We may collect Website User Personal Data from all visitors to our website in order to improve our
services and develop the Website. For more details, please refer to point 12.

6. Categories Of Personal Data

Identification Data

may include a person’s name, date of birth, driver’s license and passport information.

Contact Data

may include a person’s email address, phone number, postal address, other communication details (e.g. Social Media links)

Communication Data

may include phone calls, texts, email correspondence and hard copy correspondence.

Marketing Data

may include recruitment related data such as Identification Data,
Contact Data, Communication Data, CV and job application data.
When processing CV data, we may process certain Personal Data
including the following: employment history, skills/ experience,
languages, educational history, qualifications, membership of
professional associations, contact details of employer references/character references, licenses held, interests and hobbies, languages, locations, nationality, passport, eligibility to work in certain jurisdictions, salary expectations, interview/screening answers and notes.

Financial Data

may include Identification Data, Contact Data and payment related
information or bank account details and financial data received as
part of the services that we provide.

Web Data

may include Personal Data provided on any forms on our website and,
to the extent that it includes Personal Data, information on the type
of device you’re using, its IP address, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use.

7. Our Legal Basis For Processing Data

We process all Personal Data lawfully and in accordance with the requirements of the law. The GDPR sets out the legal grounds for processing Personal Data. When the Company processes Personal Data it is generally on one of the following legal basis:

CONTRACT

We will process Personal Data where necessary to perform our obligations relating to or in accordance with any contract that we may have with you or to take steps at your request prior to entering into that contract (e.g. our Client Services Agreement);

CONSENT

For certain processing activities we may rely on your consent. Where we are unable to collect consent for a particular processing activity, we will only process the Personal Data if we have another lawful basis for doing so. You can withdraw consent provided by you at any time by contacting us at [email protected].

LEGITIMATE INTEREST

At times we will need to process your Personal Data to pursue our legitimate business interests, for example for administrative purposes, to collect debts owing to us, to provide information to you, to expand our business opportunities, to operate, evaluate, maintain, develop and improve our websites and services or to maintain their security and protect intellectual property rights. We will not process your Personal Data on a legitimate interest basis where the impact of the processing on your interests or fundamental rights and freedoms outweigh our legitimate interests. You may object to any processing we undertake on this basis. If you do not want us to process your Personal Data on the basis of our legitimate interests, contact us at [email protected] and we will review our processing activities.

LEGAL OBLIGATION

If we have a legal obligation to process Personal Data, such as the payment of taxes, we will process
Personal Data on this legal ground.

8. Our Processing Activities

We use your Personal Data to provide you with our services and to assist us in the operation of our Company. Under Privacy law, we must ensure that the purpose of processing is clear. We have set out below the general purpose of processing, the categories of Personal Data processed and the related lawful basis for processing.

Purpose
Category
Legal Basis
Service Delivery Activities.
● to contact you about payments to and from you
● for customer relationship management and support
● to send notifications about changes/updates to our products and services
● to fulfil our legal and contractual obligations
●Identification Data
● Contact Data
● Communications data
● log data
Contract, legitimate interest
Marketing and Promotional activities
● to respond to any requests from you
● to send newsletters and other information that may be of interest
● to contact you as part of our business
relationship or for lead generation and general administration
● to inform you of events or webinars that might be of interest
● to deliver and organise our conferences, seminars, events
● Marketing Data
● Contact Data
● Web Data
Consent, legitimate Interest
Recruitment Activities
● as part of agency shortlisting
● to select the right Candidate
● to interview the Candidate
● to hire and seek to onboard the Candidate (pre-contract)
● to manage our database of prospective Candidates
● Identification Data
● Contact Data
● Communication Data
● Recruitment Data
● Web Data
● Marketing Data
● Special Category
● Recruitment Data
● Consent
● Legitimate Interest
● Contract
● Legal Obligation
Website Delivery
● to respond to web forms completed by you
● to promote our products and services
● to improve and administer the Website; and
● for internal operations, including support,
troubleshooting, data analysis, testing,
research, statistical and survey purposes
● to ensure the safety and security of our
website and our services.
web data
Consent, legitimate interest
Administration of Customer Relationship
● to manage/respond to a complaint/appeal
● to notify you of updates to this Privacy Statement
● Identification Data
● Contact Data
● Communication Data
● Financial Data
Contract, legitimate Interest
Managing payments and administration of contract
● to process payments to and from our business
● to manage and administer our contracts
● Identification Data
● Contact Data
● Communication Data
● Financial Data
Contract, legitimate Interest
Management of Corporate Affairs
● to take minutes at board meetings
● to contact shareholders/investors
● to enter into partnerships and other commercial relations
● to undertake appropriate due diligence
● Contact Data
● Communication Data
● Financial Data
● Identification Data
● Contract
● Legitimate Interest
● Legal Obligation

9. Disclosure Of Personal Date

In certain circumstances, we may disclose Personal Data to third parties as follows:

● to business partners and subcontractors for the performance of any contract relating to our services, including email, Communication Platforms, Customer Relationship Management system, web developers, payment processors, data aggregators, hosting service providers,
external consultants, auditors, IT consultants and lawyers;
● to any recruitment agency who is helping us to recruit Candidates;
● to analytics and search engine providers that assist us in the improvement and optimisation of the Website;
● if we or substantially all of our company is merged with another company or acquired by a third party, in which case Personal Data held by us will be one of the transferred assets;
● if we are under a duty to disclose or share Personal Data in order to comply with any legal obligation (including tax, audit or other authorities), or in order to enforce or apply any contracts that we have;
● to protect our rights, property, or safety, or that of our Candidates or Business Contacts or others. This may include exchanging Personal Data with other companies and organisations for the purpose of fraud protection. When we engage another organisation to perform services for us, we may provide them with information including Personal Data, in connection with the performance of those functions. We do not allow third parties to use Personal Data except for the purpose of providing these services.

10. Security Matters

We will take all steps reasonably necessary to ensure that all Personal Data is treated securely in accordance with this Privacy Statement and the relevant law, including the GDPR.

In particular, we have put in place appropriate technical and organisational procedures to safeguard and secure the Personal Data we process. We monitor for and do everything we can to prevent security breaches of the Personal Data that we process.

Once we have received your Personal Data, we will use strict procedures and security features for the purpose of preventing unauthorised access and ensuring that only those who need to have access to your Personal Data can access it. We also use secure connections to protect Personal Data during its transmission. Where you have chosen (or where you have been given) a password which enables you to access services, you are responsible for keeping this password confidential. Please do not share your password with anyone. If you think that there has been any loss or unauthorised access to Personal Data of any individual, please let us know immediately.

11. Transfers Outside The EEA

In order to provide our products and services we may need to transfer Personal Data outside the European Economic Area (EEA). We ensure that any transfer of Personal Data outside the EEA is undertaken using legally compliant transfer mechanisms and in accordance with the GDPR.

If we transfer Personal Data outside of the EEA, we generally rely on the Standard Contractual Clauses under Article 46.2 of the GDPR adopted by the EU Commission. We may also rely on some of the other legally compliant transfer mechanisms provided under the GDPR.

12. Cookies

Cookies are small text files placed on your computer or mobile device by websites that you visit, and they help us improve the products and services that we offer you. They are used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Cookies may allow a website to remember your activity over a period of time. Some cookies are optional and you do not have to accept them. Further information on the cookies we use on the website and the purpose behind their respective
uses are set out in our Cookie Notice.

The cookies on our site are below:

__cf_bm – expires in 30 minutes

his cookie is used to distinguish between humans and bots. This is beneficial for the website, in order to make valid reports on the use of their website.

cf_clearance – expires in 1 year

This cookie is used by the CloudFlare service to identify trusted web traffic and override any security restrictions based on the visitor’s IP address. It is essential for supporting a website’s security features and in providing protection against malicious visitors.

_cfuvid – expires after each session

This cookie is used for purposes of tracking users across sessions to optimize user experience by maintaining session consistency and providing personalized services.

elementor – never expires

This cookie is used by the website’s WordPress theme. It allows the website owner to implement or change the website’s content in real-time.

wpEmojiSettingsSupports – expires after session

WordPress sets this cookie when a user interacts with emojis on a WordPress site. It helps determine if the user’s browser can display emojis properly.

wp-api-schema-modelhttps://emotionise.ai/wp-json/wp/v2/ – expires after each session

13. Third Party Websites

Our Website may contain links to and from third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy settings, and these are not endorsed by us. We do not accept any responsibility or liability for these third-party websites. Please undertake the appropriate due diligence before submitting any Personal Data to these websites.

14. Retention

In some circumstances it is not possible for us to specify in advance the period for which we will retain your Personal Data. In such cases we will determine the appropriate retention period based on balancing your rights against our legitimate business interests. We may also retain certain Personal Data beyond the periods specified herein in some circumstances such as where required for the purposes of legal claims. Further information about our retention practices are set out below:

In certain cases, we may retain Personal Data for longer than specified here if required under relevant laws or in the event of any legal claim.

Service Delivery Activities

36 months after completion of service delivery activities in the case where there is no further meaningful engagement.

Marketing and Promotion Activities

12 months in the case where no meaningful engagement or earlier in the case you unsubscribe.

Recruitment Activity

Duration of campaign and 18 months for unsuccesful candidates.

Website Delivery

12 months

Managing Payments and administration of the contract

7 years

Management of Corporate Affairs

7 years unless required to retain indefinitely

15. Your Rights

You have various rights relating to how your Personal Data is used.

Right of access to the Personal Data we hold on you

You have the right to ask for all the Personal Data we have about you. When we receive a request from you in writing, we must give you access to everything we’ve recorded about you as well asdetails of the processing, the categories of Personal Data concerned and the recipients of thePersonal Data.

We will provide the first copy of your Personal Data free of charge, but we may charge you a reasonable fee for any additional copies.

We cannot give you access to a copy of your Personal Data in some limited cases including where this might adversely affect the rights and freedoms of others.

Right of rectification of Personal Data

You should let us know if there is something inaccurate in your Personal Data.
We may not always be able to change or remove that Personal Data, but we will correct factual
inaccuracies and may include your comments in the record to show that you disagree with it.

Right of erasure of Personal Data (right to be forgotten)

In some circumstances you can ask for your Personal Data to be deleted, for example, where: 

● your Personal Data is no longer needed for the reason that it was collected in the first place
● you have removed your consent for us to use your Personal Data (where there is no other
lawful basis for us to use it)
● there is no lawful basis for the use of your Personal Data
● deleting the Personal Data is a legal requirement

Where your Personal Data has been shared with others, we will do what we can to make sure those using your Personal Data comply with your request for erasure.

Please note that we can’t delete your Personal Data where:

● we are required to have it by law
● it is used for freedom of expression 
● it is used for public health purposes
● it is used for scientific or historical research or statistical purposes where deleting the Personal Data would make it difficult or impossible to achieve the objectives of the processing
● it is necessary for legal claims. 
Right to restrict what we use your Personal Data for You have the right to ask us to restrict what we use your Personal Data for where:
● you have identified inaccurate Personal Data, and have told us of it
● where we have no legal reason to use the Personal Data, but you want us to restrict what we use it for rather than erase the Personal Data altogether.

When Personal Data is restricted it can’t be used other than to securely store the Personal Data and
with your consent to handle legal claims and protect others, or where it’s for important public
interests.

Right to have your Personal Data moved to another provider (data portability)

You have the right to ask for your Personal Data to be given back to you or another service provider of your choice in a commonly used format. This is called data portability. This right only applies if we’re using your Personal Data with consent and if decisions were made by
a computer and not a human being. It does not apply where it would adversely affect the rights and freedoms of others.

Right to object

You have the right to object to processing of your Personal Data which is based on public interest or legitimate interest processing. We will no longer process the Personal Data unless we can demonstrate a compelling ground for the processing.

Right not to be subject to automated decision-making

You have the right not to be subject to a decision based solely on automated processing. This right shall not apply where the processing is necessary for a contract with you, or the processing is undertaken with your explicit consent or the processing is authorised by law.

You can make a complaint

You have the right to lodge a complaint with the local supervisory authority for Privacy in the EU member state where you usually reside, where you work or where you think an infringement of Privacy law took place.

 

Data Protection Commissioner Online Form:

https://forms.dataprotection.ie/contact
Address: 21 Fitzwilliam Square South,
Dublin 2, D02 RD28, Ireland
Tel: +353 578 684 800 or
+353 761 104 800